European experience in the application of expedited procedures in administrative judicial proceedings
The paper conducts a scientific study of the experience of using expedited proceedings in administrative proceedings under the legislation of Ukraine, the Republic of Moldova and the European Union countries. The paper states that administrative procedural legislation of Ukraine does not distinguish the concept of expedited proceedings in administrative proceedings, but in fact defines them as types of simplified claim proceedings: simplified claim proceedings conducted with notification of the participants in the case and in a court session, including the resolution of “urgent administrative cases”, written proceedings, proceedings in a model and standard case. The administrative procedural legislation of the Republic of Moldova provides for the possibility of resolving administrative cases “on paper or in electronic format” but does not define the list of cases that are resolved under this procedure, and therefore the court resolves the relevant issue, exercising its discretionary powers, assessing the case as to whether or not it requires oral proceedings. The administrative procedural legislation of the Member States of the European Union contains different approaches to defining and regulating the application of expedited proceedings in administrative proceedings. German and Latvian administrative procedural legislation also do not contain a precise list of administrative cases that are resolved under an expedited procedure, while Latvian legislation defines written proceedings as the main form of proceedings in resolving an administrative case. On the other hand, Polish and Estonian legislation define a specific list of cases that are resolved under an expedited procedure. A feature of the application of expedited proceedings in the administrative justice of the Member States of the European Union is the possibility of simultaneous application as written proceedings to the process as a whole and oral proceedings to individual procedural actions and stages, replacing the hearing of the party's position in a court session with a hearing by telephone or using electronic means of communication.
Institutions
- Leonid Yuzkov Khmelnytskyi University of Management and Law (UA)
Publication Details
- Journal
- Economics Finances Law
- Published
- 2025-06-30
- DOI
- https://doi.org/10.37634/efp.2025.6.12
- Primary Topic
- Geochemistry and Geologic Mapping
- Type
- article
- Field-Weighted Citation Impact
- 0.00