New Approaches to the Right to be Heard in Relation to the Application of Alternatives to Administrative Sanctions

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F18%3A00100983" target="_blank" >RIV/00216224:14220/18:00100983 - isvavai.cz</a>

Result on the web

<a href="http://uprava.fu.uni-lj.si/index.php/CEPAR/article/view/363/pdf_73" target="_blank" >http://uprava.fu.uni-lj.si/index.php/CEPAR/article/view/363/pdf_73</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.17573/cepar.2018.1.9" target="_blank" >10.17573/cepar.2018.1.9</a>

Result language

angličtina

Original language name

New Approaches to the Right to be Heard in Relation to the Application of Alternatives to Administrative Sanctions

Original language description

The right to be heard is one of the key instruments that ensure adequate protection of the participants´ rights during the proceedings before the administrative authority. This requirement is especially important in administrative offences proceedings due to fact that administrative bodies may issue also very serious sanctions and it is important to enable the offenders to influence the outcome of proceedings. Therefore may participants raise their objections, opinions, suggestions. The authors also focus on issues related to the possibility oftive offences proceedings are in all three examined different while the article deals more closely with these differences. alternative approaches to administrative sanctions and related issues concerning ensuring adequate position of offender. These questions have not yet attracted doctrinal attention. Article analyses the currently accepted new legislation on administrative offences proceeding, with overlaps resulting from the Council of Europe documents and including basic comparison with the processing on administrative offences in Germany and Poland. In addition, to the basic analysis of the new legislation benefits, the authors pay attention to the new instrument of “legal settlement” that allows administrative authorities to approve agreemeint between offender and injured party about committed administrative offence and the associated remedy. The new institute is worthy researching, particularly because it is one of the first attempts to adopt alternative approaches to administrative offences proceedings and brings new challenges for administrative authorities. This new institute is compared with the legislation in Germany and Poland. Also methods of analysis of legal requirements of legal documents of Council of Europe and national legislation, normative analysis, literature review and deduction were used in this connection. Authors reached a rather interesting conclusion that the approaches to ADR in administrative offences proceedings are in all three examined different while the article deals more closely with these differences.

Czech name

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Czech description

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Type

J_imp - Article in a specialist periodical, which is included in the Web of Science database

CEP classification

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OECD FORD branch

50501 - Law

Project

<a href="/en/project/GA13-30730S" target="_blank" >GA13-30730S: Measures of protection of rights in public administration, their system and effectiveness</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2018

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Central European Public Administration Review

ISSN

2591-2240

e-ISSN

2591-2259

Volume of the periodical

16

Issue of the periodical within the volume

1

Country of publishing house

SI - SLOVENIA

Number of pages

18

Pages from-to

161-178

UT code for WoS article

000461519400009

EID of the result in the Scopus database

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