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EN
The aim of the paper is to indicate the way in which the foundations of the appeal against sentence should be formulated by a claimant so that they could effectively use this means. In her paper the authoress analyzes the documents, mainly legal acts, rulings of Supreme Administrative Court (SAC) and materials from the conferences of SAC judges. She precisely indicates what components the foundations should include to be taken into account by ruling court.
EN
The aim of the article is to thoroughly analyze a complaint and first of all to point out how it should be constructed as a means of legal protection to produce desired legal results for the complainant. A method of document analysis, especially that of legal acts, rich judicature of the Supreme Administrative Court, and publications, was used in the article. The authoress' intention is to indicate inefficiency of this means of appeal and to highlight those issues which cause most doubts and the implementation of which might result in the provision of better legal protection for the complainants
EN
The principle of separation of powers is one of the central principles of the rule of law. It is possible to identify several of his interactions with the ideological mission of the administrative judiciary in a democratic society. In this context, the author is concerned primarily with the independence and separation of the administrative judiciary, on the one hand, with the position of the administrative judiciary in the system of checks and balances. In the first aspect, it primarily examines the institutional independence of the administrative judiciary and the personal independence of the judges of the administrative courts, taking into account considerations of the need to strengthen the guarantees of judicial independence in the administrative judiciary. First, the author deals with the influence of the judiciary on the executive, primarily in the context of the full jurisdiction of the court and the review of administrative discretion regarding the system of checks and balances. In relation to the legislation, the survey of legal regulations in the administrative judiciary, the possibilities of judicial law-making and the braking mechanism of the Supreme Administrative Court of the Slovak Republic in relation to the National Council of the Slovak Republic are examined.
Ius Novum
|
2009
|
issue 3
103-124
EN
Rules of law are now a significant element of law implementation procedures. It can be said that just by invoking those rules courts not only use law but also form it. The aim of the article is to thoroughly analyze the rules of law in the court-administrative proceeding, first of all to show the role of the rules in this proceeding. The article analyzes documents, mainly legal acts, a plentiful supply of rulings made by the Supreme Administrative Court, court rulings of the European institutions and various publications. There is an attempt to define the rules of law, the rules of the administration of justice and the rules of court-administrative proceeding. The authoress' aim is to show the system and the essence of the rules of law in the court-administrative proceeding.
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