Regulating the Competence of Administrative Justice and the Public-Private Law Divide
Purpose: The paper investigates the dichotomy between public and private law in terms of access to justice, especially the distribution of competences between various courts and tribunals. Design/Methodology/Approach: The study employs juridical analysis of normative texts and legal comparison. Fin...
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| Format: | Article |
| Language: | English |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2024-11-01
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| Series: | Central European Public Administration Review |
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| Online Access: | https://journals.uni-lj.si/CEPAR/article/view/21310 |
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| _version_ | 1832591589865684992 |
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| author | Krisztina F. Rozsnyai |
| author_facet | Krisztina F. Rozsnyai |
| author_sort | Krisztina F. Rozsnyai |
| collection | DOAJ |
| description |
Purpose: The paper investigates the dichotomy between public and private law in terms of access to justice, especially the distribution of competences between various courts and tribunals.
Design/Methodology/Approach: The study employs juridical analysis of normative texts and legal comparison.
Findings: The continuous expansion of administrative justice calls for a more differentiated yet generalised regulation of access to justice.
Academic Contribution to the Field: The analysis addresses policy options regarding the distribution of competences between civil and administrative courts, as well as the potential establishment of specialised courts.
Originality/Significance/Value: The analysis of regulatory approaches helps legislators meet the requirements of both timeliness and effectiveness of judicial protection, as well as handle the challenges of blending public and private law instruments to create a regulation that is able to provide effective judicial protection and consistency in case-law.
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| format | Article |
| id | doaj-art-91fa970251ee41dc90e7dfb38b9690a5 |
| institution | Kabale University |
| issn | 2591-2240 2591-2259 |
| language | English |
| publishDate | 2024-11-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Central European Public Administration Review |
| spelling | doaj-art-91fa970251ee41dc90e7dfb38b9690a52025-01-22T10:50:13ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592024-11-0122210.17573/cepar.2024.2.09Regulating the Competence of Administrative Justice and the Public-Private Law DivideKrisztina F. Rozsnyai0https://orcid.org/0000-0002-1494-5051University ELTE Budapest, Hungary Purpose: The paper investigates the dichotomy between public and private law in terms of access to justice, especially the distribution of competences between various courts and tribunals. Design/Methodology/Approach: The study employs juridical analysis of normative texts and legal comparison. Findings: The continuous expansion of administrative justice calls for a more differentiated yet generalised regulation of access to justice. Academic Contribution to the Field: The analysis addresses policy options regarding the distribution of competences between civil and administrative courts, as well as the potential establishment of specialised courts. Originality/Significance/Value: The analysis of regulatory approaches helps legislators meet the requirements of both timeliness and effectiveness of judicial protection, as well as handle the challenges of blending public and private law instruments to create a regulation that is able to provide effective judicial protection and consistency in case-law. https://journals.uni-lj.si/CEPAR/article/view/21310access to justice, administrative justice, differentiated distribution of competences, public-private law divide, specialised courts and tribunals |
| spellingShingle | Krisztina F. Rozsnyai Regulating the Competence of Administrative Justice and the Public-Private Law Divide Central European Public Administration Review access to justice, administrative justice, differentiated distribution of competences, public-private law divide, specialised courts and tribunals |
| title | Regulating the Competence of Administrative Justice and the Public-Private Law Divide |
| title_full | Regulating the Competence of Administrative Justice and the Public-Private Law Divide |
| title_fullStr | Regulating the Competence of Administrative Justice and the Public-Private Law Divide |
| title_full_unstemmed | Regulating the Competence of Administrative Justice and the Public-Private Law Divide |
| title_short | Regulating the Competence of Administrative Justice and the Public-Private Law Divide |
| title_sort | regulating the competence of administrative justice and the public private law divide |
| topic | access to justice, administrative justice, differentiated distribution of competences, public-private law divide, specialised courts and tribunals |
| url | https://journals.uni-lj.si/CEPAR/article/view/21310 |
| work_keys_str_mv | AT krisztinafrozsnyai regulatingthecompetenceofadministrativejusticeandthepublicprivatelawdivide |