Administrative case is a case between state authority on the one side and a person from the other. Administrative cases are governed by Administrative procedure and differs comparing to civil procedure.
Procedures of administrative cases differ depending on the type of national legal system. Unlike most Common law jurisdictions, the majority of Civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims.
In Latvia the administrative procedure in courts is guaranteed by:
*)The District Administrative Court
*)The Regional Administrative Court
*)The Department of Administrative Cases of the Senate of the Supreme Court.
Read more about Administrative law.
Administrative case principles
The governing principle in administrative cases is principle of objective investigation. Principle of objective investigation is formalized as follows: in order to determine the true facts of a matter within the limits of the claim and achieve legal and fair adjudication of the matter, the court shall give instructions and make recommendations to the participants in the administrative proceeding, as well as collect evidence on its own initiative.
The following general principles of law shall be applied in administrative proceedings:
1) the principle of observance of the rights of private persons;
2) the principle of equality;
3) the principle of the rule of law;
4) the principle of reasonable application of the norms of law;
5) the principle of not allowing arbitrariness;
6) the principle of confidence in legality of actions;
7) the principle of lawful basis;
8) the principle of democratic structure;
9) the principle of proportionality;
10) the principle of priority of laws;
11) the principle of procedural equity.
Stages of administrative case
There are two stages related to administrative case. It is mandatory under Administrative law to appeal the decision at higher authority (first stage). Only after receipt of final decision the person can apply to Administrative court (second stage).
Administrative case: 1st stage at state authority
An administrative matter in an institution shall be initiated:
1) on the basis of a submission;
2) on the basis of an initiative of the institution; or
3) on the basis of an order by a higher institution or of a notification by another authority.
An administrative proceeding is a non-judicial determination of fault or wrongdoing and may include, in some cases, penalties of various forms. They are typically conducted by government or military institutions.
Administrative case: 2nd stage at Administrative court
The substance of administrative procedure in the court shall be court control of the legality and validity of administrative acts issued by institutions or actual actions of institutions within the scope of freedom of action, as well as the determination of public legal duties or rights of private persons and the adjudication of disputes arising from public legal contracts.
Within the course of administrative proceedings, while performing its duties, a court shall itself (ex officio) objectively determine the circumstances of a matter (principle of objective investigation).
Example of administrative case in Latvia
The deciding body in this case is Department of Administrative Cases of the Senate of the Supreme Court. Type of case - Judgement.
Key facts of the case
The Supreme Court stayed proceedings and asked the Constitutional Court whether views of the HRC in the case Raihmans v. Latvia finding violation of Article 17 of the ICCPR(International Covenant on Civil and Political Rights) (change in spelling of a surname) necessitated change in the jurisprudence. The Constitutional Court provided negative answer. The Supreme Court clarified that the existing system of writing foreign names in Latvian complies with the Constitution and international standards, however, there might potentially happen a violation in exceptional cases when the spelling of a name has created “sufficiently serious difficulties” or a name has acquired “unpleasant meaning”.
The Office of Citizenship and Migration Affairs registered a child born to a Latvian and a Portuguese citizen as the Latvian citizen and registered his name in accordance with the regulations on spelling of names as Rikardu Daniels Baranovs-Kardozu. The parents requested the court to order spelling of the name as Ricardo Daniel Baranov Cardoso. All three court instances: Administrative district court, Administrative regional court and the Supreme Court dismissed the claim.
Results (sanctions) and key consequences of the case:
The Supreme Court dismissed the application because: 1) the spelling of the name did not violate the right to private life under Article 96 of the Latvian Constitution and Article 8 of the ECHR(European Court of Human Rights,) and 2) it did not violate freedom of movement under Article 21 of the TEU(Treaty on European Union). The Supreme Court did not find the arguments provided by the applicants weighty enough to make this case exception from the general practice in the private life context, nor that the applicants demonstrated “serious inconvenience” in the context of the freedom of movement.
The claim was dismissed and the judgment of the Administrative regional court remained in force. The name of the child was spelt Rikardu Daniels Baranovs-Kardozu in accordance with the Latvian regulations. The Supreme Court also dismissed the request of the applicants to ask for a preliminary ruling from CJEU (Court of Justice of the European Union) with an argument that the case-law of the CJEU in the present question is clear.
This page was last modified on 18 January 2018 at 05:53.
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Author: Artis Zelmenis