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It defines the administrative act, the most common form of action in which the public administration occurs against a citizen. In addition to the regulation of the administrative procedure, the VwVfG also constitutes the legal protection in administrative law beyond the court procedure. The preliminary proceeding gives each citizen, feeling unlawfully mistreated by an authority, the possibility to object and to force a review of an administrative act without going to court. Therefore, it is necessary to have the existence of a conflict in public law without any constitutional aspects and no assignment to another jurisdiction. Before going to court, citizens must usually first object to the decision with the administrative body who made it. This is called "bezwaar".

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01.14.2007 | 34 Comments

Legal reform is a tool for implementing necessary reforms, to balance competing interests, create a dynamic and sustainable economy, and build a sustainable civil society. During last decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation". Since many a country with a transitional political and economic system continues treating its constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches became to grow. Valery Zorkin stressed that "the «separation of powers» principle, also proclaimed in the Constitution of the Russian Federation, requires observance of judicial independence. And such independence requires proper funding of the courts and their activities. It is well known that Russian courts remain under funded.

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01.14.2007 | 16 Comments

In response to the rapid creation of new independent agencies in the early twentieth century see discussion below, Congress enacted the Administrative Procedure Act APA in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to "legislate" through rulemaking; see Federal Register and Code of Federal Regulations, "adjudicate" through administrative hearings, and to "execute" administrative goals through agency enforcement personnel. Because the United States Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to establish fair administrative law procedures to comply with the constitutional requirements of due process. Agency procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency practice. It is important to note, though, that agencies can only act within their congressionally delegated authority, and must comply with the requirements of the APA. There are very few federal marriage laws, so it's left to the states to determine their own requirements for marriage eligibility, applications, and licenses.