Administrative court
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An administrative court is a type of
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
specializing in
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from general courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include: *taxation *dispensation of monetary benefits *environmental licenses *building inspection *child custody *involuntary commitment *immigration decisions *summary public payments (other than fines imposed by general courts) In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems do not have jurisdiction over each other. Accordingly, there is a local administrative court of first instance, possibly an appeals court and a Supreme Administrative Court separate from the general Supreme Court. The parallel system is found in countries like
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
,
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders wi ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, some of the Nordic Countries,
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
,
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
and others. In France, Greece, Portugal and Sweden, the system has three levels like the general system, with local courts, appeal courts and a Supreme Administrative Court. In Finland, Italy, Poland and Taiwan, the system has two levels, where the court of first instance is a regional court. In Germany, the system is more complicated, and courts are more specialized. In Sweden and Finland, legality of decisions of both state agencies and
municipal A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
authorities can be appealed to the administrative courts. In accordance with the principle of the legal autonomy of municipalities, administrative courts can (if not stipulated otherwise) only review and rule on the formal legality of the decision, not its content. In the case of state agencies, administrative courts may rule on the actual content of the decision. The
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
does not have a separate system of administrative courts. Instead, administrative law judges (ALJs) preside over
tribunals A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...
within executive branch agencies. In American jurisprudence, ALJs are always regarded as part of the executive branch, despite their quasi-judicial adjudicative role, because of the strict separation of powers imposed by the United States Constitution.''City of Arlington, Texas v. Federal Communications Commission''
569 U.S. 290, 304 n.4
(2013).
Decisions of ALJs can be appealed to courts in the judicial branch. Notably, in 1952, the
Communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, ...
East German government abolished the administrative courts as "bourgeois". This limited the citizens' ability to contest official decisions. In 1989, re-establishment of the system began in DDR, but the
German reunification German reunification (german: link=no, Deutsche Wiedervereinigung) was the process of re-establishing Germany as a united and fully sovereign state, which took place between 2 May 1989 and 15 March 1991. The day of 3 October 1990 when the Ge ...
made this initiative obsolete.


List

* The Administrative Court is a specialist court of the King's Bench Division of the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
* Administrative courts in Greece * Supreme Administrative Court of the Republic of Poland * Administrative Court of Austria * Administrative courts in Albania * Administrative Courts in Finland *
Administrative courts in Sweden The administrative courts in Sweden ( sv, förvaltningsrätt) are the court of first instance for the general administrative courts in Sweden. The next instance are the administrative courts of appeal ( sv, kammarrätt). The administrative courts ...
* Administrative courts in Mongolia * Administrative Court of Thailand


References

{{Authority control * Administrative law Courts by type