This article demonstrates that administrative procedure can have different meanings and contents depending on the legal order analyzed. In order to achieve this conclusion, a research on the legal rules of BRICS was made as a case study. The administrative procedure is an institute of recent development, not only in BRICS but also in major part of States, which was consolidated from the need to contain the authority of the Public Administration and to guarantee certain rights to the civil society. The hypothesis is analyzed through the study of the codification movements of administrative procedures and its evolution, specially after the APA in USA. The first part of the article is dedicated to this general historical perspective. In the second part, a comparative analysis of the BRICS countries (Brazil, Russia, India, China and South Africa) is carried out to identify the various contents for the institute in those legal systems, proving that there are several relevant differences.
GENERAL SUBJECT: ADMINISTRATIVE LAW AS A ANTICIPATORY LAW
Anticipatory law represents legal certainty, but this conception in administrative law is not very common, even it seems unknown. However, it shows that it is necessary to let behind the traditional function of the law as a “reactive law” and move forward to anticipatory law. “Reactive law” should be the exception, only when you can not anticipate the infraction of the legality or the violation of the human rights or the damage, the principle of responsibility will contribute to restore the legality. This vision in administrative law avoids disputes and litigation and promotes ways to use this law to create value, to build peace and to make more human the law.
Anticipatory law and prevention of damages.
Anticipatory law and alternative dispute resolution methods in Colombia.
Prevention and proceedings in french administrative law.
Administrative procedure: a prevention technique.
The paper present the services conference as one of the forms of conducting administrative proceedings. The starting point is to present an institution shaped in the Italian procedural law in the light of its administrative system and its evolutionary transformations. The paper involves a comprehensive analysis of the services conference in the context of the competence of public administration authorities, the procedural guarantees enjoyed by parties to the proceedings and decisions that may be taken in the course of the services conference, as well as the legal possibility of their change. One of the assumptions of the paper is the possibility of recognition of the services conference as a kind of a resultant of proceedings in a form of hearing, and the mode of co-operation between the bodies. As a result, should lead to present prospects and opportunities to adapt the institution of the services conference in the Central European countries.
On the European continent, administrative law is often seen through the lense of the relationship between authority and liberty. This is a relationship that is accepted as its own paradigm in the description of the laws of each nation, and which also seeks to reimpose itself as an interpretative model of reference for EU law. The current relevance of the authority-liberty pairing seems, however, to be the fruit of the crisis of the liberal-democratic orders rather than the expression of their intrinsic characteristic. The paper first examines the main deficits of the rule of law in the European context. Eventually, it critically reflects on the autority-freedom opposition and it finally proposes a different paradigm in which the individual (and/or the person) is the base of public power.