Justice among institutions : the IRB as a component of Canadian refugee status determination

This paper takes an institutional approach to examine justice in Canadian refugee status determination, focusing on the Immigration and Refugee Board (IRB) as an administrative tribunal. The IRB is viewed in the historic context of post-Second World War international rights expansion and the rise of New Public Management as an administrative paradigm. Policies implemented by the recent Harper governments are reviewed in light of the IRB’s high permeability to executive influence and low judicial intervention; issues undermining the IRB’s substantive independence are discussed; the interaction of the IRB with other institutions in Canadian refugee status determination, such as the IRCC and CBSA, are examined in terms of venue shopping for implementing desired policy. The possibility of integrating adversarial-style hearings into the IRB while maintaining its currently centralized research and jurisprudence is proposed. Keywords: separation of powers, refugee status determination, Immigration and Refugee Board of Canada, administrative tribunal, rights expansion, managerialization, New Public Management, endogeneity of law, executive permeability, judicial intervention, venue shopping, inquisitorial hearing, adversarial hearing.

Justice among institutions : the IRB as a component of Canadian refugee status determination

This paper takes an institutional approach to examine justice in Canadian refugee status determination, focusing on the Immigration and Refugee Board (IRB) as an administrative tribunal. The IRB is viewed in the historic context of post-Second World War international rights expansion and the rise of New Public Management as an administrative paradigm. Policies implemented by the recent Harper governments are reviewed in light of the IRB’s high permeability to executive influence and low judicial intervention; issues undermining the IRB’s substantive independence are discussed; the interaction of the IRB with other institutions in Canadian refugee status determination, such as the IRCC and CBSA, are examined in terms of venue shopping for implementing desired policy. The possibility of integrating adversarial-style hearings into the IRB while maintaining its currently centralized research and jurisprudence is proposed. Keywords: separation of powers, refugee status determination, Immigration and Refugee Board of Canada, administrative tribunal, rights expansion, managerialization, New Public Management, endogeneity of law, executive permeability, judicial intervention, venue shopping, inquisitorial hearing, adversarial hearing.

Obowiązek dostarczania mieszkań na potrzeby osób wojskowych i cywilnych w latach 1919–1925 w świetle ustawodawstwa i orzecznictwa Najwyższego Trybunału Administracyjnego

The Obligation to Provide Housing for Military and Civilian Use between 1919 and 1925 in Light of the Legislation and Judicial Decisions of the Supreme Administrative Tribunal In connection with the dramatic shortage of residential accommodations in the first years of Polish statehood after the regaining of independence in 1918, the way to guarantee their provision for military personnel (officers and married non-commissioned officers) and civilians (state and local government officials) was a statutory obligation to provide them by means of legal administrative coercion. The aim of this article is to analyse issues relating to the requisitioning of flats, and in particular, to analyse the sources of legislation in this area at that time, and judicial decisions of the administrative court with regard to complaints made to this court in cases concerning these requisitions.

Alberta's Energy and Utilities Board and the Constitution of Canada

The author explores the jurisdictional ability of an administrative tribunal — specifically, the Alberta Energy and Utilities Board (EUB) — to decide constitutional matters. She focuses particularly on tribunal decisions relating to Charter rights and Aboriginal or treaty rights (s. 35(1)) and examines the recent decisions of Martin and Paul from the Supreme Court of Canada. The author concludes that for questions of law, the EUB has not only the option but the duty to consider constitutional questions.

Austrian judicial system of 1867

The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on JudicialPower of December 27, 1867, requirements for individuals who wanted to become judges.The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higherregional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.Judges were appointed for life by the emperor or relevant officials on his behalf. At the time of their appointment, they took anofficial oath and an oath to strictly abide by the constitution and laws of Austria-Hungary. All decisions were made on behalf of theemperor. Judges were recognized as free and independent in their decisions. In 1908, in Eastern Galicia, 63.8 % of judges were of Polishnationality and 31.8 % were Ukrainians. From 1870 in Eastern Galicia there was one higher legal court in Lviv and 5 district judges,and from the beginning of the XX century 10 district judges.The functions and powers of the Supreme Judicial and Cassation Tribunal in Vienna (the State Tribunal), which was the highestcourt in Austria, are highlighted. The competence of cases in which the State Tribunal made decisions as a court of first instance andthe procedure for their consideration are analyzed. The procedure of formation of the composition of the State Tribunal is covered.Along with the State Tribunal, the Administrative Tribunal was functioning in Austria, created on the basis of the law adopted bythe Austrian Parliament in 1875. The structure, powers and functions of the High Regional Courts, District Courts and County Courtsare analyzed. The peculiarities of the functioning of the Austrian judicial system in Galicia in 1867–1918 are highlighted.

INTRODUCTORY NOTE

The year 2018 was characterized for the international administrative tribunals by (at least) the following three elements, the first two of which were strictly related and linked to each other: the UN Appeals Tribunal’s delivery of the long-awaited judgment on 29 June 2018 in the case Quijano Evans et al. v. Secretary General, challenging the initial decision by the UN Dispute Tribunal to recognize an intangible right to an expectation of continued salary increases over time to the staff and personnel; the decision on September 2018 in the Jannick DEVAUX (II) and (III) case, where the Administrative Tribunal of the Council of Europe acknowledged the application of the general principle of equal pay for equal work in the international civil service sector. Noteworthy to stress is the fact that 2018 was also the year in which the ILO Administrative Tribunal, one of the oldest and most established international administrative tribunals, has the opportunity through the case A v. International Criminal Court (ICC) to clarify the meaning, content and scope of the protection of the international organizations’ staff for the moral damages suffered by their officers and staff personnel as a result of illegal arrests and detentions occurred during working missions abroad.