Procedural Principles of the Right to a Fair Trial in Administrative Punishment
The section shall focus on the application of procedural principles in the legal regulation of administrative punishment. Both the legislature and the case-law impose a number of requirements on the imposition of liability by public administration bodies. These are both substantive and procedural in nature and derive from the national legal order as well as from the international obligations of the state. The section will reflect on procedural principles of administrative punishment such as: a) procedural aspects of the principle of ne bis in idem, b) the right to be legally represented, c) the right to a hearing, including access to the case file, d) the right to provide reasons for the decision, e) the right to appeal, including the right to have the decision reviewed by an independent and impartial court, and others. Therefore, the Section welcomes papers that will analyse the procedural principles of administrative punishment, not only from a theoretical perspective, but also from a practical perspective, by analysing and synthesising the challenges faced by public administrative bodies in the field of administrative punishment. We would particularly welcome papers that also define the requirements placed on the decision-making practice of public administration bodies and on the decision-making practice of administrative courts, constitutional courts, the European Court of Human Rights or the Court of Justice of the European Union.
Guarantors of the section:
doc. JUDr. Matej Horvat, PhD.
prof. Mgr. Yuliia Vashchenko, PhD.