Kurzus nemzetközi vendég- és részidős hallgatóknak

Kar

Állam- és Jogtudományi Kar

Szervezet

ÁJTK Közigazgatási Jogi Tanszék

Kód

JNX:ERASMUS:B08

Cím

Administrative Justice, Administration of Justice and the Right to a Fair Trial

Tervezett félév

Mindkét

Meghirdetve

2025/26/2

ECTS

5

Nyelv

en

Leírás

|

Oktatás célja

Title Courts and Administration – Administrative jurisdiction and judicial administration in a comparative perspective Lecturer: Prof. Dr. Krisztina Rozsnyai, Department of Administrative Law of the Law Faculty of ELTE University Budapest, rozsnyaik@ajk.elte.hu Dr. Marcell Fényes, assistant lecturer, Department of Administrative Law of the Law Faculty of ELTE University Budapest, Brief description The course aims at exploring the system of checks and balances between courts and administration. On the one hand, main aspects of judicial review will be treated in the matrix of access to court and effective judicial protection against administrative actions. On the other hand, the aspects of court administration will also be analysed, mainly focusing on the fair trial aspects, like independence and impartiality, as well as the questions of timeliness, case distribution and composition of panels. The case law of the ECtHR and ECJ as well as single member states’ solutions are to be explored. Schedule (16/02) Introduction to the course. Administration, administrative jurisdiction and the separation of powers. The right to effective judicial protection in European Law (23/02) Models of court administration (FéM) (02/03) Autonomous administrative courts: a necessity of effective judicial protection? (09/03) Judicial independence: institutional aspects (16/03) Personal aspects of judicial independence and impartiality. Selection of judges and case distribution (FéM) (23/03) Timeliness and supervision of judges (FéM) (30/03) The right to access to court – administrative cases between the „criminal” and the „civil” limb before the ECtHR. The notion of administrative dispute (13/04) Basic principles and the right to a fair hearing in administrative court porcedures (20/04) Powers of courts. Judicial deference and margins of appreciation (27/04) State liability: models and important trends (04/05) The system of remedies and its role in ensuring quality and unity of jurisdiction. Special instruments for the uniform judicial interpretation of the law  (11/05) Final exam (written in class). Wrap up Recommended text- or handbooks ·Dovydas Vitkauskas – Grigoriy Dikov: Protecting The Right To A Fair Trial Under The European Convention On Human Rights. A Handbook For Legal Practitioners. Council of Europe, 2nd edition, 2017. [online] ·Chris Backes – Mariolina Eliantonio (eds): Cases, Materials and Text on Judicial Review of Administrative Action. Textbook, Hart, 2019. ·Arman Zrvandyan: Casebook on European fair trial standards in administrative justice. CoE, 2015. ·Wojtek Piatek (ed.) Supervision of courts, Peter Lang, 2021. Christoph Grabenwarter: European Convention on Human Rights – Commentary, München: Beck, 2014. 98-170. ·David Harris, Michael O'Boyle, Ed Bates, and Carla Buckley: Law of the European Convention on Human Rights, OUP, 2023. – Art. 6 and Art 13 Assessment/Exam 1. Final written test (50%) - 2. In course testst/homeworks 35% 3. Course activity offline and online (15%). In addition, students may choose to prepare a presentation together with their peers on a topic of the course in a comparative perspective (+max 20%)

Tantárgy tartalma

Title Courts and Administration – Administrative jurisdiction and judicial administration in a comparative perspective Lecturer: Prof. Dr. Krisztina Rozsnyai, Department of Administrative Law of the Law Faculty of ELTE University Budapest, rozsnyaik@ajk.elte.hu Dr. Marcell Fényes, assistant lecturer, Department of Administrative Law of the Law Faculty of ELTE University Budapest, Brief description The course aims at exploring the system of checks and balances between courts and administration. On the one hand, main aspects of judicial review will be treated in the matrix of access to court and effective judicial protection against administrative actions. On the other hand, the aspects of court administration will also be analysed, mainly focusing on the fair trial aspects, like independence and impartiality, as well as the questions of timeliness, case distribution and composition of panels. The case law of the ECtHR and ECJ as well as single member states’ solutions are to be explored. Schedule (16/02) Introduction to the course. Administration, administrative jurisdiction and the separation of powers. The right to effective judicial protection in European Law (23/02) Models of court administration (FéM) (02/03) Autonomous administrative courts: a necessity of effective judicial protection? (09/03) Judicial independence: institutional aspects (16/03) Personal aspects of judicial independence and impartiality. Selection of judges and case distribution (FéM) (23/03) Timeliness and supervision of judges (FéM) (30/03) The right to access to court – administrative cases between the „criminal” and the „civil” limb before the ECtHR. The notion of administrative dispute (13/04) Basic principles and the right to a fair hearing in administrative court porcedures (20/04) Powers of courts. Judicial deference and margins of appreciation (27/04) State liability: models and important trends (04/05) The system of remedies and its role in ensuring quality and unity of jurisdiction. Special instruments for the uniform judicial interpretation of the law  (11/05) Final exam (written in class). Wrap up Recommended text- or handbooks ·Dovydas Vitkauskas – Grigoriy Dikov: Protecting The Right To A Fair Trial Under The European Convention On Human Rights. A Handbook For Legal Practitioners. Council of Europe, 2nd edition, 2017. [online] ·Chris Backes – Mariolina Eliantonio (eds): Cases, Materials and Text on Judicial Review of Administrative Action. Textbook, Hart, 2019. ·Arman Zrvandyan: Casebook on European fair trial standards in administrative justice. CoE, 2015. ·Wojtek Piatek (ed.) Supervision of courts, Peter Lang, 2021. Christoph Grabenwarter: European Convention on Human Rights – Commentary, München: Beck, 2014. 98-170. ·David Harris, Michael O'Boyle, Ed Bates, and Carla Buckley: Law of the European Convention on Human Rights, OUP, 2023. – Art. 6 and Art 13 Assessment/Exam 1. Final written test (50%) - 2. In course testst/homeworks 35% 3. Course activity offline and online (15%). In addition, students may choose to prepare a presentation together with their peers on a topic of the course in a comparative perspective (+max 20%)

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