Administrative law

Test 1

• The form of document of an administrative act

- Clearly defined in in content
- Written, verbal/oral, electronic etc. with signature

PUBLIC PERSON (the state, it’s institution or a private person acting as the executive
branch) VS. PRIVATE PERSON (a private person or a state institution acting as a private
pers.)

A law. Examines the execution of law when it is applied to a:

1) A private person
2) A public person, who is as a private person

Congress writes a law => ORGANIC STATUTE => which lays out the purpose & structure
of the agency => the agency is in charge of implementing that purpose as it’s laid out in the
statute

The agencies 2 biggest tools for implementing their statutes are:

1) RULEMAKING
2) ADJUDICATION

!!!!POSITIVE CRITERIA of AA
- By a PUBLIC AUTHORITY
- In a PUBLIC FIELD
- OUTWARDS
- To a CERTAIN or IDENTIFIABLE ADRESEE/S
- CERTAIN ADRESSEE – the institution knows exactly the person they are dealing
with
- IDENTIFIABLE ADRESSEE – the institution knows how to identify you by the
action/event
- has LEGAL CONSEQUENCES!!!!!!

Certain adressee Identifiable addressee

Specific case Administartive act Administartive act
Abstract case Administartive act Normative act

THE 4 THEORIES
• Subordination* theory – Is there any subordination between the subjects?
• Interests theory – Does the applicable law defend private or public interests?
• Subject theory – Is at least one subject a public person?
• Modified subject theory – Is it exclusively the state’s function, service or right?
*Subordination – pakļautība

Administrative acts can be

- Favourable
- Non-favourable
- w double effect
 - Positive – change the situation, give you rights
- Negative - do not change anything or take away your rights

PUBLIC LAW FIELD

*Parallel private business (f.ex. fireman in California hired by Kanye West)

GOOD GOVERNANCE
Governance principles:
- Popular sovereignty
- Limited government
- Separation of powers (Checks&Balances)
- Judicial review
- Federalism
- Republicanism

Federalism is a type of government in which the power is divided between the national

government and other governmental units. It contrasts with a unitary government, in which a
central authority holds the power, and a confederation, in which states, for example, are
clearly dominant.

Republicanism is a political ideology centered on citizenship in a state organized as a

republic. Historically, it ranges from the rule of a representative minority or oligarchy to
popular sovereignty. ... Republicanism may also refer to the non-ideological scientific
approach to politics and governance.

Substantive law is the set of laws that governs how members of a society are to behave. It is
contrasted with procedural law, which is the set of procedures for making, administering, and
enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and
crimes and punishments in criminal law. It may be codified in statutes or exist through
precedent in common law.

Substantive law establishes the rights and obligations that govern people and
organizations; it includes all laws of general and specific applicability. Procedural
lawestablishes the legal rules by which substantive law is created, applied and
enforced, particularly in a court of law.

SUBSTANTIVE LAW - !DEFINĪCIJA, ATTIEKSME!

- how ppl are expected to behave
- define crimes
- sets forthpunishment
- describes the punishment

PROCEDURAL LAW - !METODE!

- prescribes the method of enforcing rights or obtain redress for their invasions
- governs how court proceedings (that deal with the enforcement of the substantive law) are
conducted

ACTUAL ACTION
All the criteria of administrative act EXCEPT:
Instead of legal consequences you get FACTUAL CONSEQUENCES
PUBLIC LAW CONTRACTS
1)
- Creates
- Annuls
- Modifies a legal relationship
2) Internal/External
3) Regulates by private or public law norms

PUBLIC INTERNAL CONTRACTS

1) A form of:
- cooperation
- partnership
- delegation

PUBLIC EXTERNAL CONTRACTS

1) Compromise contracts
- Can always substitute an AA
- can work as conciliation*
*conciliation – samierināšana/izšķiršana
2) Delegation contracts
- can give the right to issue AA
- only possible if mentioned in law

PUBLIC PROCUREMENT – PUBLISKAIS IEPRIKUMS

procurement contract - a public construction work, supply, or service contract for pecuniary
interest concluded in writing between one or several contracting authorities and one or
several economic operators;
procurement contract - a public construction work, supply, or service contract for pecuniary
interest concluded in writing between one or several contracting authorities and one or
several economic operators; (likumi.lv)

Procedure of finding goods and services for public bodies (mostly through tendering*)
*tendering - meklēt izdevīgāko

Examples of public procurement include buying computers for a police station, providing
water, gas and electricity to people, and building a hospital or a road.

Financed directly from the public sector

f.ex. – katru gadu jāmaksā ceļa nodoklis, par kuru tiek uzturēta ceļa kavlitāte?!

CONCESSION - KONCESIJA
koncesija ir akts, ar kuru publiska juridiska persona uztic citai sabiedrībai, kas parasti ir
privāta, izpētīt noteiktus uzņēmējdarbības pakalpojumus, kuru pakalpojums tai ir ekskluzīvas
tiesības. Persona, kas piešķir pabalstu, uzņemas risku un uz laiku nodod tai atbilstošo tiesību
izmantošanu.
• A grant of land or property by a public person in return for certain services or a
particular use
• Strategic objects – railways, mines, airports, electricity networks etc.
• Private person bears the risks
 • Money comes from 3d parties

PRINCIPLES
- rule of law
- transparency
- efficiency

MAIN PRINCIPLES OF ADMINISTRATIVE LAW/PROCEDURE

• right to good administration (Art. 41 of the Charter)
• lawfulness
• non-discrimination and equal treatment
• proportionality – balancing between interests of the public and individuals
• impartiality – no personal, political interests
• consistency and legitimate expectations – only if the institution acts lawfully in the
first place
• transparency – access to information
• efficiency – not yet codified in LV
• Due process in administrative courts – principle of objective investigation

ADMINISTRATIVE ACT CAN BE:

- ISSUED
- CANCELLED
- FOUND VOID
- DECLARES UNLAWFUL

ACTUAL ACTION CAN BE:

- CARRIED OUT
- DISCOUNTED
- DECLARED UNLAWFUL

!!!ADMINISTRATIVE PROCESS IN INSTITUIONS!!!

 2 levels
1. ISSUING AA
2. CHALLANGING AA

 Initiated by an individual or institution

o Individual – asking for favourable AA or initiating reopening a case based
on newly found evidence
o Institution – issuing or cancelling AA without asking
 PROCESS
o An application
o Gathering info & opinions of the interested parties
o Making a decision => AA
 PARTICIPANTS
o ADRESSEE
o SUBMITTER
o 3RD PARTY (AA ir adresēts tam cilvēkam/ AA ir ‘double effect’ institūcija vai
tiesa dod šo statusu)
o INSTITUTION originally issuing AA
 o HIGHER INSTITUION
*tabula 5.prez

 CANCELLATION OF AA AS INITIATIVE OF INSTITUTION

o Favorable lawful AA – change of factual or legal circumstances and the law
permits cancellation, condition of AA has not been fulfilled
o Unfavorable lawful AA – any time unless the same kind of AA has to be
issued right after cancellation
o Favorable unlawful AA – addressee knew of the unlawfulness or lied to the
institution, has not used the benefits provided by AA, the law permits
cancellation
o Unfavorable unlawful AA – at any time

LATVIA

EXAMPLES
1. Anne gets a building permit, her neighbour Frank challenges it and so a higher
institution cancels the permit.
2. Anne is rejected after applying for a building permit. She challenges this decision in a
higher institution and gets the permit. Her neighbour Frank is dissatisfied with this
decision.
 3. Anne asked for a building permit but both the lower and higher institutions rejected
her.
4. Anne gets a building permit. Her neighbour Frank challenges it but the higher
institution leaves it unaltered.

!!!ADMINISTRATIVE PROCESS IN COURTS

PARTICIPANTS
 APPLICANT – pers. Who files the application w court
 3RD PARTY – pers. Whose rights or obligations might be affected by the judgement
in the respective case
 DEFENDANT – entitiy exercising powers of the executive branch – the state

INSTITUTION VS COURT
 INSTITUTION – adressee is pivotal*
 COURT – applicant is pivotal
*pivotal – chief, all-important

BEFORE GOING TO THE COURT THINGS THAT MATTER!!!:

1. The final decision of the institution, which the court is depending on

6.prez!!!!
ORAL HEARING
TEMPORARY PROTECTION
- after filling an application with the court for cancelling or finding AA void the
operation of the AA is suspended
! Meant to protect the rights of individuals, procedural requests

STAYING OR REINSTATING THE OPERATION

- objection to a higher inst. And an application to court regarding cancellation or
voidance of AA stays the operation of AA from the day the application is submitted
- X – cases regarding public charges and costs, AA is issued to immediately prevent
danger
- if applicant is not the addressee of AA (the addressee is the 3rd party in court!) the
addressee may ask the court to reinstate the operation od the AA.

IMMEDIATE EXECUTION
- rarely used
- the applicant’s request => court may order judgment to be enforced in full or part
immediately = IF the delay in the enforcement of the judgement may cause
significant damage to the applicant or the enforcement of the judgement may
become impossible.

INTERIM ORDER
- mainly in cases about special use of public property (concession,…)
- Favourable AA (building permit, compensation medication for a pers. Suffering
from cancer) or carrying pot actual action (providing healthcare to an inmate)
- a court decision imposing on the relevant inst. The obligation to carry out a
certain activity or to prohibit a specific activity
TEMPORRAY PROTECTION
- subject-matter of the dispute
- in there us a danger that a participant might suffer a violation of rights impossible to
correct/compensate later
- objective criteria – why is the final decision or actual action unlawful/ how does the
addressee meet the criteria for getting a favourable AA or actual action
- subjective criteria – why the participant ‘cannot live’ without temporary protection

- can be asked for multiple times (LV- in all 3 instances)

- can be asked to be cancelled