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An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from ordinary courts.
The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include:
- taxation
- dispensation of monetary benefits
- environmental licenses
- building inspection
- child custody
- involuntary commitment
- immigration decisions
- summary public payments (other than fines imposed by general courts)
In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems do not have jurisdiction over each other. Accordingly, there is a local administrative court of first instance, possibly an appeals court and a Supreme Administrative Court separate from the general Supreme Court.
The parallel system is found in countries like Austria, Egypt, Greece, Germany, France, Italy, some of the Nordic Countries, Portugal, Taiwan and others. In France, Greece, Portugal and Sweden, the system has three levels like the general system, with local courts, appeal courts and a Supreme Administrative Court. In Finland, Italy, Poland and Taiwan, the system has two levels, where the court of first instance is a regional court. In Germany, the system is more complicated, and courts are more specialized.
In Sweden and Finland, legality of decisions of both state agencies and municipal authorities can be appealed to the administrative courts. In accordance with the principle of the legal autonomy of municipalities, administrative courts can (if not stipulated otherwise) only review and rule on the formal legality of the decision, not its content. In the case of state agencies, administrative courts may rule on the actual content of the decision.
The United States does not have a separate system of administrative courts in the judicial branch. Instead, administrative law judges (ALJs) preside over tribunals within executive branch agencies. In American jurisprudence, ALJs are always regarded as part of the executive branch, despite their quasi-judicial adjudicative role, because of the strict separation of powers imposed by the United States Constitution. Decisions of ALJs can be appealed to courts in the judicial branch.
Notably, in 1952, the Communist East German government abolished the administrative courts as "bourgeois". This limited the citizens' ability to contest official decisions. In 1989, re-establishment of the system began in DDR, but the German reunification made this initiative obsolete.
List
- The Administrative Court is a specialist court of the King's Bench Division of the High Court of Justice in England and Wales
- Administrative courts in Greece
- Supreme Administrative Court of the Republic of Poland
- Administrative Court of Austria
- Administrative courts in Albania
- Administrative Courts in Finland
- Administrative courts in Sweden
- Administrative courts in Mongolia
- Administrative Court of Thailand
References
- Oikeusministeriö - Justitieministeriet Archived February 10, 2008, at the Wayback Machine
- Farnsworth, E. Allan (2010). Sheppard, Steve (ed.). An Introduction to the Legal System of the United States (4th ed.). Oxford: Oxford University Press. p. 170. ISBN 9780199733101. Retrieved November 17, 2020.
- Sunstein, Cass R.; Vermeule, Adrian (2020). Law and Leviathan: Redeeming the Administrative State. Cambridge: Harvard University Press. p. 83. ISBN 9780674249813. Retrieved May 5, 2024.
- City of Arlington, Texas v. Federal Communications Commission, 569 U.S. 290, 304 n.4 (2013).
This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Administrative court news newspapers books scholar JSTOR December 2013 Learn how and when to remove this message An administrative court is a type of specialized court on administrative law particularly disputes concerning the exercise of public power Their role is to ascertain that official acts are consistent with the law Such courts are considered separate from ordinary courts The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system Official decisions contested in administrative courts include taxation dispensation of monetary benefits environmental licenses building inspection child custody involuntary commitment immigration decisions summary public payments other than fines imposed by general courts The Federal Administrative Court of Germany in Leipzig is the highest administrative court in Germany In several countries in addition to general courts there is a separate system of administrative courts where the general and administrative systems do not have jurisdiction over each other Accordingly there is a local administrative court of first instance possibly an appeals court and a Supreme Administrative Court separate from the general Supreme Court The parallel system is found in countries like Austria Egypt Greece Germany France Italy some of the Nordic Countries Portugal Taiwan and others In France Greece Portugal and Sweden the system has three levels like the general system with local courts appeal courts and a Supreme Administrative Court In Finland Italy Poland and Taiwan the system has two levels where the court of first instance is a regional court In Germany the system is more complicated and courts are more specialized The Conseil d Etat in Paris is the Supreme Administrative court in France In Sweden and Finland legality of decisions of both state agencies and municipal authorities can be appealed to the administrative courts In accordance with the principle of the legal autonomy of municipalities administrative courts can if not stipulated otherwise only review and rule on the formal legality of the decision not its content In the case of state agencies administrative courts may rule on the actual content of the decision The United States does not have a separate system of administrative courts in the judicial branch Instead administrative law judges ALJs preside over tribunals within executive branch agencies In American jurisprudence ALJs are always regarded as part of the executive branch despite their quasi judicial adjudicative role because of the strict separation of powers imposed by the United States Constitution Decisions of ALJs can be appealed to courts in the judicial branch Notably in 1952 the Communist East German government abolished the administrative courts as bourgeois This limited the citizens ability to contest official decisions In 1989 re establishment of the system began in DDR but the German reunification made this initiative obsolete ListThe Administrative Court is a specialist court of the King s Bench Division of the High Court of Justice in England and Wales Administrative courts in Greece Supreme Administrative Court of the Republic of Poland Administrative Court of Austria Administrative courts in Albania Administrative Courts in Finland Administrative courts in Sweden Administrative courts in Mongolia Administrative Court of ThailandReferencesOikeusministerio Justitieministeriet Archived February 10 2008 at the Wayback Machine Farnsworth E Allan 2010 Sheppard Steve ed An Introduction to the Legal System of the United States 4th ed Oxford Oxford University Press p 170 ISBN 9780199733101 Retrieved November 17 2020 Sunstein Cass R Vermeule Adrian 2020 Law and Leviathan Redeeming the Administrative State Cambridge Harvard University Press p 83 ISBN 9780674249813 Retrieved May 5 2024 City of Arlington Texas v Federal Communications Commission 569 U S 290 304 n 4 2013
