Administrative Law

Sumário: 1. Introdução, delimitação do objeto; 2. O procedimento administrativo oficioso; 3. A contagem do prazo da caducidade; 4. Inatividade administrativa; 4.1. Inércia da Administração; 4.2. Dever legal de ação; 4.2.1. A decisão do procedimento; 4.3. A ausência de decisão como inatividade administrativa; 5. Os interessados como destinatários da decisão; 5.1. Interessado e relação jurídica; 5.2. Interessados e efeitos desfavoráveis; 5.3. Interessados e relações jurídicas multilaterais; 5.3.1. Relações jurídicas multilaterais; 6. A caducidade no Direito Administrativo; 6.1. O alcance do instituto da caducidade no Direito Administrativo; 7. O decurso do tempo e o procedimento administrativo no CPA; 7.1. O ato tácito; 7.2. A deserção; 7.3. A caducidade operada pelo n.º 6 do artigo 128.º CPA; 7.3.1. A "caducidade" do procedimento oficioso declara-se?; 8. As consequências jurídicas da extinção do procedimento operada pelo n.º 6 do artigo 128.º do CPA; 8.1. Um novo procedimento, com o mesmo objeto

Nowadays, the first effects of the climate change reflected in droughts or floods that produce the movement of thousands of people of a country to another country or from a continent to another continent in addition to the increase of the crimes committed by the criminal organisations such as trafficking in human beings are considering.
There are so many International Conventions and European laws that try to reduce the effects of the climatic change, being the Agreement of Paris of 2015 one of the most recent, but the current economic inequalities between developed countries and developing countries are just the same as usual.
In this sense, it is necessary to remember that the main environmental damages have their origin in legal commercial and/or industrial activities as well as the most serious environmental damages are not illegal. In order to fulfil the main aim of this paper, it would be necessary to analyse the proper European and Spanish environmental criminal policy addressed to corporate firms that has as objective the prevention and reduction of environmental crimes.
In this paper, Spanish Criminal Environmental Policy targeting the corporate firms will be analysed. Firstly, a brief review about European regulations in regard to environmental crimes will be considered taking into account Directives 2008/99/EC and 2009/123/EC.
Subsequently, articles 325 and 328 of Spanish Criminal law that, among others, transpose these two Directives will be appraised to see whether the Spanish transposition of the regulations has been successful. More specifically, articles 31 bis and subsequent of Criminal Law are also addressed, which regulate the two ways of generate corporate criminal liability as well as establish which are the requirements of the compliance programme to exonerate the enterprises from any kind of criminal liability.
Furthermore, other Spanish laws such as Royal Legislative Decree 1/2016 approving Consolidated Text of Integrated Pollution and Prevention Control (IPPC) and the Environmental Responsibility Act 26/2007, regulating integrated environmental authorisation and tort liability, will be discussed. In addition, the Spanish Code of Criminal Procedure enterprises fundamental rights will be considered in cases of environmental crimes.
Thirdly, some comments about judiciary cases in which enterprises criminal liability are recognised in Spain will be discussed by connecting them with the difficulties that have been considered, for example, the problems related to enterprises guilty and the obstacles found by the environmental NGOS in these trials.
To sum up, some considerations about possible solutions of the previously raised issues about enterprises environmental criminal liability will be made.

During the second half of the nineteenth century, administrative science circulated from the German cultural space to Italy, where it met a national conception of administration. Considered as an autonomous science that focuses on state interventions in society to improve the distribution of wealth, it became a university discipline in 1875. It was nonetheless removed in 1935 after losing its scientific autonomy when it evolved to the study of state bureaucracy. This article details the social and political conditions of this successive institutionalization and deinstitutionalization through fine-scale observations of jurist Guido Cavaglieri’s trajectory, who represents an anomaly in regard to the norms that regulate administrative science. He is at the same time an indicator that reveals the tensions inside the discipline and its relationships with politics.

The work analyzes the discipline of the code of conduct in Italy, its application and effectiveness, the forms of responsibility that derive from the violation of the duties of behavior, the relationship between codes of conduct and plans of prevention of corruption

The aim of the study is to collect and examine the foreign language publications that were processed in the Hungarian academic discourse on Administrative Jurisdiction. Conclusively the depth of analysis of the models has been given in different eras. The addition of the previous, retrospective bibliographic research methods could contribute to answer to several questions. The use of the foreign publications heavily depends on the person and its language skills, sometimes to the detriment of academic requirements. The use of the earlier opinion has become the norm, especially in the Hungarian language processing. The French and German language is losing ground compared with their previous significant role. In comparison, the significant use of the English language began rather late, in the early 1990s and led to its present-day absolute primacy in less than two decades, which raises many questions.

The regulatory improvements in the field of public law constitute a tool that strengthens the institutional framework of regulatory processes. With this purpose, it is based on na administrative simplification instrument, composed of a series of elements and recommendations that all State dependencies must implement to achieve quality standards in their actions. In the same way, it representes an innovative concept that must be incorporated in the legislations of the diferente countries in na orderly and unified way to give greater understanding to its purpose.

SOMMARIO: 1. Premessa ­ 2. Il fondamento della responsabilità della pubblica ammi­nistrazione ­ 3. Le due forme di responsabilità precontrattuale: "pura" e "spuria" ­ 4. Le nuove frontiere della responsabilità precontrattuale della pubblica amministrazione ­ 5. Conclusioni.

The article analyzes the impact of the E.C.H.R. on the Irish administrative law. In particular, after reviewing the main reasons for the delay in the incorporation of the E.C.H.R., it focuses on the Irish ‘European Convention of Human Rights Act’ of 2003. The article underlines the main critical issues of the Irish system in light of Art. 6 E.C.H.R. (in particular, in light of the right to an oral hearing and of the independence and impartiality of the decision-maker). Taking into account the possibility of an ‘ex post compensation’ of said violations of Art. 6 E.C.H.R., the article then focuses on the evolution of the judicial review from the traditional ‘Keegan’ and ‘O’Keeffe’ to the new ‘Meadows’ paradigm, highlighting the significant increase of the intensity of the judicial scrutiny (in line with the so-called ‘full jurisdiction’ theory) due to the inclusion of a rigorous proportionality test.

Indagine sull'attuazione della disciplina in materia di anticorruzione e trasparenza da parte delle società in controllo pubblico - Anno 2016/2017.
L'indagine espone i risultati, avente ad oggetto un campione di società controllate da Regioni, Province, Città metropolitane e Comuni, condotta dal "Gruppo di Ricerca-Azione sulla Legalità e l'Etica nell'azione pubblica e nell'attività di impresa"-G.R.A.L.E.-del Dipartimento di Giurisprudenza della Università degli studi della Campania "Luigi Vanvitelli".

The Institut International des Sciences Administratives in Brussels was looted and brought to Berlin where an International Academy of Administrative Sciences was opened in 1942 under the lead of the lawyer and state secretary in the Reich Ministry of Interior Wilhelm Stuckart. Stuckart sought to employ administrative science for the administration of a European Großraum under Nazi rule.

In this study we will focus on the regulations in force about electronic document management, electronic signature and electronic communication in Turkey to show that the traditional administrative procedure which is based on paper-written-form is no longer sustainable and a new form of administrative procedure is about to appear in the near future.

Το κείμενο αυτό αναζητά τη σχέση μεταξύ της σαφήνειας στη διατύπωση των νόμων με τον βαθμό που αυτοί εφαρμόζονται στην πράξη, όπως και τις αιτίες πίσω από την αδράνεια της διοίκησης να εφαρμόσει τις επιταγές του νομοθέτη, ενώ καταγράφει το ενωσιακό και ελληνικό κανονιστικό πλαίσιο σχετικά με την καλή νομοθέτηση, το οποίο ανατρέχει μόλις στις τελευταίες δεκαετίες. Στην χώρα μας, το πρόβλημα συναντάται συχνότερα στο πεδίο του χωροταξικού και πολεοδομικού δικαίου και του δικαίου περιβάλλοντος, ενώ, όπως παρατηρούν και οι Αρ. Μάνεσης και Γ. Κασιμάτης, μπορεί να οφείλεται στην έλλειψη πολιτικής βούλησης ή στην ανυπαρξία κατάλληλης υλικοτεχνικής υποδομής· σε κάθε περίπτωση, όμως, αφορά στην προβληματική της σχέσης «νομοθετικής» και «εκτελεστικής» λειτουργίας που αντιστοιχεί στη γνωστή διάκριση μεταξύ «τυπικού» και «ουσιαστικού» νομοθέτη.