The Principle of Procedural Fairness and its Implementation in the Administrative Proceedings - Perspective of the Country in the Democratic Transition

2010 ◽  
Author(s):  
Maciej Bernatt
2021 ◽  
Vol 10 (10) ◽  
pp. 29-44
Author(s):  
Jacek Jaśkiewicz

Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.


1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.


2008 ◽  
Author(s):  
Dennis Dittrich ◽  
Stephan Tontrup
Keyword(s):  

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