New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions

The right to be heard is one of the key instruments that ensure adequate protection of the  participants´ rights during the proceedings before the administrative authority. This requirement is especially important in administrative offences proceedings due to fact that administrative bodies may iss...

Full description

Saved in:
Bibliographic Details
Main Authors: Soňa Skulová, Radislav Bražina
Format: Article
Language:English
Published: University of Ljubljana Press (Založba Univerze v Ljubljani) 2018-05-01
Series:Central European Public Administration Review
Subjects:
Online Access:https://journals.uni-lj.si/CEPAR/article/view/20482
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1832591548452175872
author Soňa Skulová
Radislav Bražina
author_facet Soňa Skulová
Radislav Bražina
author_sort Soňa Skulová
collection DOAJ
description The right to be heard is one of the key instruments that ensure adequate protection of the  participants´ rights during the proceedings before the administrative authority. This requirement is especially important in administrative offences proceedings due to fact that administrative bodies may issue also very serious sanctions and it is important to enable the offenders to influence the outcome of proceedings. Therefore may participants raise their objections, opinions, suggestions. The authors also focus on issues related to the possibility of alternative approaches to administrative sanctions and  related issues concerning ensuring adequate position of offender. These questions have not yet  attracted doctrinal attention. Article analyses the currently accepted new legislation on administrative offences proceeding, with overlaps resulting from the Council of Europe documents and including basic comparison with the processing on administrative offences in Germany and Poland. In addition, to the basic analysis of the new legislation benefits, the authors pay attention to the new instrument of “legal settlement” that allows  administrative authorities to approve  agreement between  offender and  injured party about committed administrative offence and the associated remedy. The new institute is worthy researching, particularly because it is one of the first attempts to adopt alternative approaches to administrative offences proceedings and  brings new challenges for administrative authorities. This new institute is compared with the legislation in Germany and Poland. Also methods of analysis of legal requirements of legal documents of Council of Europe and national legislation, normative analysis, literature review and deduction were used in this connection. Authors reached a rather interesting conclusion that the approaches to ADR in administrative offences proceedings are in all three examined different while the article deals more closely with these differences.
format Article
id doaj-art-d5017f04c6f74899af3b5f34922cd335
institution Kabale University
issn 2591-2240
2591-2259
language English
publishDate 2018-05-01
publisher University of Ljubljana Press (Založba Univerze v Ljubljani)
record_format Article
series Central European Public Administration Review
spelling doaj-art-d5017f04c6f74899af3b5f34922cd3352025-01-22T10:51:45ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592018-05-0116110.17573/cepar.2018.1.9New approaches to the right to be heard in relation to the application of alternatives to administrative sanctionsSoňa Skulová0Radislav Bražina1Masaryk university, Faculty of LawMasaryk university, Faculty of Law The right to be heard is one of the key instruments that ensure adequate protection of the  participants´ rights during the proceedings before the administrative authority. This requirement is especially important in administrative offences proceedings due to fact that administrative bodies may issue also very serious sanctions and it is important to enable the offenders to influence the outcome of proceedings. Therefore may participants raise their objections, opinions, suggestions. The authors also focus on issues related to the possibility of alternative approaches to administrative sanctions and  related issues concerning ensuring adequate position of offender. These questions have not yet  attracted doctrinal attention. Article analyses the currently accepted new legislation on administrative offences proceeding, with overlaps resulting from the Council of Europe documents and including basic comparison with the processing on administrative offences in Germany and Poland. In addition, to the basic analysis of the new legislation benefits, the authors pay attention to the new instrument of “legal settlement” that allows  administrative authorities to approve  agreement between  offender and  injured party about committed administrative offence and the associated remedy. The new institute is worthy researching, particularly because it is one of the first attempts to adopt alternative approaches to administrative offences proceedings and  brings new challenges for administrative authorities. This new institute is compared with the legislation in Germany and Poland. Also methods of analysis of legal requirements of legal documents of Council of Europe and national legislation, normative analysis, literature review and deduction were used in this connection. Authors reached a rather interesting conclusion that the approaches to ADR in administrative offences proceedings are in all three examined different while the article deals more closely with these differences. https://journals.uni-lj.si/CEPAR/article/view/20482right to be heardadministrative offencesadministrative offences proceedingsalternative dispute resolution
spellingShingle Soňa Skulová
Radislav Bražina
New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
Central European Public Administration Review
right to be heard
administrative offences
administrative offences proceedings
alternative dispute resolution
title New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
title_full New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
title_fullStr New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
title_full_unstemmed New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
title_short New approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
title_sort new approaches to the right to be heard in relation to the application of alternatives to administrative sanctions
topic right to be heard
administrative offences
administrative offences proceedings
alternative dispute resolution
url https://journals.uni-lj.si/CEPAR/article/view/20482
work_keys_str_mv AT sonaskulova newapproachestotherighttobeheardinrelationtotheapplicationofalternativestoadministrativesanctions
AT radislavbrazina newapproachestotherighttobeheardinrelationtotheapplicationofalternativestoadministrativesanctions