Beyond Adjudication

Edited by Wojciech Piątek, Professor, Institute of Administrative and Judicial Procedure, Adam Mickiewicz University, Poland

‘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.’

• Contents1 Introduction 1Wojciech Piątek1. Judicial review over public administration within theseparation of powers 12. Objectives 83. Methodology and Structure 10PART I SAC AND EXECUTIVE POWER2 Relations between supreme administrative courts and theexecutive power: A comparative overview 18Piotr Ostrowski1. Introduction 182. Influence of supreme administrative courts on theexecutive power 193. Influence of the executive power on supremeadministrative courts 274. Conclusions 343 The relationships between the French council of state and theexecutive power 37Jacques Petit1. Introduction 372. The organic relationships between the CS and theexecutive 383. Functional relations between the CS and the executive 494 The relation between the Curia, the Hungarian SupremeCourt and the executive power 61Krisztina Rozsnyai1. Introduction 612. Influence of the Curia on the executive power 633. Influence of the executive power on administrative justicein Hungary 734. Conclusions 785 The relationships between the Supreme AdministrativeCourts and the executive power in the example of Poland 80Piotr Ostrowski and Wojciech Piątek1. Introduction 802. Historical background of the judicial review ofadministrative acts in Poland 813. Influence of the SAC on the executive power 844. Adjudication model 855. Guidance to administrative authorities 886. Scope of impact on the executive power 897. Influence of the executive power on the SAC 918. Procedural influence 949. Political pressure 9610. Enforcement of court rulings 9811. Conclusions 99PART II SAC AND LEGISLATIVE POWER6 Relations between Supreme Administrative Courts and thelegislative power: A comparative overview 104Andrzej Paduch1. Introduction 1042. Influence of legislative power on the SAC 1053. Influence of SAC on legislative power 1124. Conclusions 1187 The role of Supreme Administrative Courts in a comparativeperspective: The Italian Council of State and its relationshipwith the legislative power 123Leonardo Parona1. Introduction 1232. The Council of State as the Supreme AdministrativeCourt in the Italian system of administrative justice 1253. The dual nature of the Council of State 1294. The relationship between the Council of State and thelegislative power 1355. Formal and informal relationships between the Councilof State, the Government, and the Parliament 1416. Conclusions 1438 The Supreme Administrative Court and the legislature inSweden 148Torvald Larsson1. Introduction 1482. Background 1503. The influence of the legislature on the SAC 1534. The impact of the SAC on the legislature 1565. The SAC and the so-called Cementa case 1616. Conclusions 1679 Interaction between Supreme Administrative Court of Polandand the legislature: Exclusively judiciary function or multipletasks? 169Andrzej Paduch1. Introduction 1692. Legislature influencing the SAC 1693. SAC influencing legislature 1764. Conclusions 184PART III SAC AND JUDICIAL POWER10 Relations between Supreme Administrative Courts and thejudicial power: A comparative overview 189Wojciech Piątek1. Introduction 1892. Influence of Supreme Administrative Courts on thejudicial power 1913. Influence of the judicial power on SupremeAdministrative Courts 1994. Conclusions 20211 The Czech Supreme Administrative Court and the judicialpower 205Tomáš Svoboda and Lukáš Potěšil1. Introduction and establishment of the SupremeAdministrative Court 2052. The basic organisational aspects of the SupremeAdministrative Court and its position in the system ofseparation of powers 2073. The SAC and the judicial power 2134. Disciplinary competences of the SAC 2235. Conclusions 22512 The German Bundesverwaltungsgericht (FederalAdministrative Court): A true court 227Ekkehart Reimer1. Basic Features 2272. The organisation of the administrative judiciary 2303. Division of powers 2354. Functions of the Bundesverwaltungsgericht 2385. Judicial self-government 2426. Conclusions 24413 Relations between the Supreme Administrative Court and thejudicial power: A Polish perspective 246Jan Olszanowski1. Introduction 2462. Role of SAC from the perspective of adjudicatorycompetences 2483. SAC competences in disciplinary proceedings againstjudges of administrative courts 2604. Conclusions 26314 Final conclusions 266Wojciech Piątek