Subjective Public Right in the Administrative Court Procedure: An Observation of German Law and EU Law
Date Issued
2011
Date
2011
Author(s)
Chen, Bo-Lin
Abstract
In Taiwan, the concept of Subjective Public Right (subjektives öffentliches Recht) is one of the most important issues in public law. Thus, this thesis discusses the issue of subjective public rights and particularly focuses on the administrative court procedure.
After Interpretation No. 469 of Justices (J. Y. Interpretation No. 469), administra- tive courts in Taiwan have clearly started to apply the Theory of Protective Norms (Schutznormtheorie) to judge whether any subjective public right exists in a case. Howerver, there could be some misunderstandings in applying this theory. Therefore, this thesis firstly raises some relevant issues in Taiwan. In fact, the concept of subjective public right and the theory of protective norms are derived from German law. For this reason, this thesis further observes relevant conceptions and theories in German law. In addition, European Union law (EU law) has a particularly strong influence on German law, so this thesis also introduces some relevant parts of EU law, and tries to compare it with German law. Based on the observation of German law and EU law, this thesis analyzes and examines relevant theories and judgements in Taiwan. In conclusion, this thesis makes some related suggestions based on the previous observation, and proves that the concept of subjective public right and the theory of protective norms suit the purpose of the principle of separation of powers by analyzing of J. Y. Interpretations No. 499 and No. 613.
Subjects
Subjective Public Right
Locus Standi
Theory of Protective Norms
J. Y. Interpretation No. 469
EU Law
SDGs
Type
thesis
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