Beyond Adjudication: Exploring the Multifaceted Role of Supreme Administrative Courts

About the Book

This book examines the diverse roles of Supreme Administrative Courts (SACs) across Europe, including the Councils of State. Contributors demonstrate how the courts operate within national legal orders, focusing on how their additional (non-judicial) functions relate to adjudication. It provides insights into European constitutional and administrative law, particularly the principle of separation of powers and judicial independence.

The pivotal role of the SACs in administrative judiciaries is explored through an analysis of the relationship between the SACs and executive power, legislative power and judicial power. With reference to relevant EU and Council of Europe standards, the expert contributors analyse the primary duties of SACs, such as performing advisory functions towards the executive or legislative powers and deciding on disciplinary matters for judges. They provide insights into Roman, German, Scandinavian and Middle-European legal cultures and illustrate the historical and contemporary conditions for judicial review over public administration.

Presenting a comprehensive analysis of the doctrine of the separation of powers and the uniqueness of the administrative judiciary, as well as its non-judicial functions across Europe, Beyond Adjudication is an essential reference for scholars and students of European constitutional and administrative law.

Table of Contents:
Contents 1 Introduction 1 Wojciech Piątek 1. Judicial review over public administration within the separation of powers 1 2. Objectives 8 3. Methodology and Structure 10 PART I SAC AND EXECUTIVE POWER 2 Relations between supreme administrative courts and the executive power: A comparative overview 18 Piotr Ostrowski 1. Introduction 18 2. Influence of supreme administrative courts on the executive power 19 3. Influence of the executive power on supreme administrative courts 27 4. Conclusions 34 3 The relationships between the French council of state and the executive power 37 Jacques Petit 1. Introduction 37 2. The organic relationships between the CS and the executive 38 3. Functional relations between the CS and the executive 49 4 The relation between the Curia, the Hungarian Supreme Court and the executive power 61 Krisztina Rozsnyai 1. Introduction 61 2. Influence of the Curia on the executive power 63 3. Influence of the executive power on administrative justice in Hungary 73 4. Conclusions 78 5 The relationships between the Supreme Administrative Courts and the executive power in the example of Poland 80 Piotr Ostrowski and Wojciech Piątek 1. Introduction 80 2. Historical background of the judicial review of administrative acts in Poland 81 3. Influence of the SAC on the executive power 84 4. Adjudication model 85 5. Guidance to administrative authorities 88 6. Scope of impact on the executive power 89 7. Influence of the executive power on the SAC 91 8. Procedural influence 94 9. Political pressure 96 10. Enforcement of court rulings 98 11. Conclusions 99 PART II SAC AND LEGISLATIVE POWER 6 Relations between Supreme Administrative Courts and the legislative power: A comparative overview 104 Andrzej Paduch 1. Introduction 104 2. Influence of legislative power on the SAC 105 3. Influence of SAC on legislative power 112 4. Conclusions 118 7 The role of Supreme Administrative Courts in a comparative perspective: The Italian Council of State and its relationship with the legislative power 123 Leonardo Parona 1. Introduction 123 2. The Council of State as the Supreme Administrative Court in the Italian system of administrative justice 125 3. The dual nature of the Council of State 129 4. The relationship between the Council of State and the legislative power 135 5. Formal and informal relationships between the Council of State, the Government, and the Parliament 141 6. Conclusions 143 8 The Supreme Administrative Court and the legislature in Sweden 148 Torvald Larsson 1. Introduction 148 2. Background 150 3. The influence of the legislature on the SAC 153 4. The impact of the SAC on the legislature 156 5. The SAC and the so-called Cementa case 161 6. Conclusions 167 9 Interaction between Supreme Administrative Court of Poland and the legislature: Exclusively judiciary function or multiple tasks? 169 Andrzej Paduch 1. Introduction 169 2. Legislature influencing the SAC 169 3. SAC influencing legislature 176 4. Conclusions 184 PART III SAC AND JUDICIAL POWER 10 Relations between Supreme Administrative Courts and the judicial power: A comparative overview 189 Wojciech Piątek 1. Introduction 189 2. Influence of Supreme Administrative Courts on the judicial power 191 3. Influence of the judicial power on Supreme Administrative Courts 199 4. Conclusions 202 11 The Czech Supreme Administrative Court and the judicial power 205 Tomáš Svoboda and Lukáš Potěšil 1. Introduction and establishment of the Supreme Administrative Court 205 2. The basic organisational aspects of the Supreme Administrative Court and its position in the system of separation of powers 207 3. The SAC and the judicial power 213 4. Disciplinary competences of the SAC 223 5. Conclusions 225 12 The German Bundesverwaltungsgericht (Federal Administrative Court): A true court 227 Ekkehart Reimer 1. Basic Features 227 2. The organisation of the administrative judiciary 230 3. Division of powers 235 4. Functions of the Bundesverwaltungsgericht 238 5. Judicial self-government 242 6. Conclusions 244 13 Relations between the Supreme Administrative Court and the judicial power: A Polish perspective 246 Jan Olszanowski 1. Introduction 246 2. Role of SAC from the perspective of adjudicatory competences 248 3. SAC competences in disciplinary proceedings against judges of administrative courts 260 4. Conclusions 263 14 Final conclusions 266 Wojciech Piątek

About the Author :
Edited by Wojciech Piątek, Professor, Institute of Administrative and Judicial Procedure, Adam Mickiewicz University, and the President's Office of the Polish Supreme Administrative Court, Poland

Review :
‘The volume presents crucial questions of separation of powers with a view to supreme administrative courts. Relations with all three powers including constitutional courts are carefully discussed by outstanding scholars from seven EU member states. The selection of these countries forms a firm basis for a thorough comparative analysis which will certainly influence future discussions in the field.’