Constitutional Comparison by Constitutional Courts: Twelve Observations from Twelve Years of Constitutional Practice
Andreas Voßkuhle* Constitutional Comparison by Constitutional Courts: Twelve Observations from Twelve Years of Constitutional Practice DOI: 10.54148/ELTELJ.2023.1.7 Abstract Constitutional comparison is part of the everyday work of constitutional courts. What this means exactly, however, is unclear, as only a small part of constitutional comparisons is explicitly reflected in decisions. Only the tip […]
Preliminary Reference on Validity and the National Court: What Contribution to the Rule of Law and Effective Judicial Protection in the EU? A Focus on the French Administrative Judge
Emilie Chevalier* Preliminary Reference on Validity and the National Court: What Contribution to the Rule of Law and Effective Judicial Protection in the EU? A Focus on the French Administrative Judge DOI: 10.54148/ELTELJ.2023.1.23 Abstract While the cases of preliminary ruling on validity are not numerous before the European Court of Justice, particularly in […]
EU Cities Fighting for Cleaner Air with Low- Emission Zones within the EU’s Single Market: Future Green Actors or ‘Victims’ of Procedural Constraints?**
László Szegedi* EU Cities Fighting for Cleaner Air with Low- Emission Zones within the EU’s Single Market: Future Green Actors or ‘Victims’ of Procedural Constraints?** DOI: 10.54148/ELTELJ.2023.1.41 Abstract The 2015 Dieselgate scandal led to a substantial re-regulation of the EU’s emission limits for vehicles. Parallel to that, several member states, especially major European […]
Judges’ Appointments to the Administrative Judiciary: How to Guarantee Knowledge and Experience to Adjudicate Disputes in the Area of Administrative Law?**
Andrzej Skoczylas – Wojciech Piątek* Judges’ Appointments to the Administrative Judiciary: How to Guarantee Knowledge and Experience to Adjudicate Disputes in the Area of Administrative Law?** DOI: 10.54148/ELTELJ.2023.1.55 Abstract The paper is devoted to the issues connected with the judge’s specialisation in the framework of the administrative judiciary. Its aim is to explore […]
Fair Administrative Trial after COVID-19 Pandemic
Andrzej Paduch* Fair Administrative Trial after COVID-19 Pandemic DOI: 10.54148/ELTELJ.2023.1.71 Abstract The article addresses the problem of the impact of the COVID-19 pandemic on the scope of the notion of fair administrative trial. Legal measures adopted in different countries in connection with the pandemic have modified the course of court proceedings, in particular […]
Cutting Off the Heads of the Hydra: Current Reforms in German Administrative Litigation Law
Thomas Mann* Cutting Off the Heads of the Hydra: Current Reforms in German Administrative Litigation Law DOI: 10.54148/ELTELJ.2023.1.85 Abstract In Germany, a discussion of accelerating administrative court proceedings has been going on for years. The new federal government has joined the debate and in 2022 presented a bill to accelerate energy transition, which […]
Judicial Review in Hungary: The Turmoil of Organisational Changes through the Lenses of Procedural Law
Krisztina F. Rozsnyai* Judicial Review in Hungary: The Turmoil of Organisational Changes through the Lenses of Procedural Law DOI: 10.54148/ELTELJ.2023.1.95 Abstract The last decade of Hungarian administrative justice and public administration has been marked by organisational changes. These changes affected the effectiveness of judicial review and of legal protection against administration in general. […]
Constitutional Complaints by State Organs? Changes in the Standing Requirements before the Hungarian Constitutional Court**
Bernadette Somody* Constitutional Complaints by State Organs? Changes in the Standing Requirements before the Hungarian Constitutional Court** DOI: 10.54148/ELTELJ.2023.1.111 Abstract Recently, the Hungarian Constitutional Court (HCC) upheld a constitutional complaint by the Government, arguing that the ordinary court had violated the Government’s fundamental right. This decision, which fits in with the HCC’s current […]
The ‘Autonomy Concept’: The Constitutional Protection of Public Organs**
Dominika Kincső Hollós* The ‘Autonomy Concept’: The Constitutional Protection of Public Organs** DOI: 10.54148/ELTELJ.2023.1.123 Abstract It is a widely accepted constitutional legal axiom that public organs and state entities do not have fundamental rights. The state is the obligor in a fundamental right relationship; the function of fundamental rights is to set boundaries […]
Preventing Harm: Interim Protection as an Aspect of Effective Judicial Protection**
Denisa Skládalová* Preventing Harm: Interim Protection as an Aspect of Effective Judicial Protection** DOI: 10.54148/ELTELJ.2023.1.139 Abstract Interim protection, together with other fair trial guarantees, helps to achieve the effective protection of rights in administrative justice proceedings. Under the Czech Code of Administrative Justice, interim protection is represented by two instruments, namely interim measures and […]
Judicial Review of Automated Administrative Decision-making: The Role of Administrative Courts in the Evaluation of Unlawful Regimes**
Igor Gontarz* Judicial Review of Automated Administrative Decision-making: The Role of Administrative Courts in the Evaluation of Unlawful Regimes** DOI: 10.54148/ELTELJ.2023.1.151 Abstract Automated administrative decision-making in Europe draws attention to legal issues related to its scrutiny. The algorithm may not be an exact translation of the legal norms that it is supposed to enforce; […]
Peculiarities of Service in Slovakian Administrative Court Proceedings with a Large Number of Participants
Kristína Slámková* – Matúš Radosa** – Matej Horvat*** Peculiarities of Service in Slovakian Administrative Court Proceedings with a Large Number of Participants DOI: 10.54148/ELTELJ.2023.1.163 Abstract The success of serving documents has an impact on the smoothness of the proceedings before the administrative court, their speed and on the substantive decision itself. This article focuses […]
