Expanding Edges of Today's Administrative Law
Expanding Edges of Today's Administrative Law
Contributions to the 4th International Conference „Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective”, May 21, 2021, Bucharest
Contributor(s): Jeton Shasivari (Editor), Balázs Hohmann (Editor)
Subject(s): Constitutional Law, Criminal Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative law; public administration; public law; international law; comparative law;
Summary/Abstract: This volume contains the scientific papers presented at the 4th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 21 May 2021 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: Regulatory trends in terms of administrative law today, International practices and policies, National practices and policies. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.
- E-ISBN-13: 978-606-94978-9-0
- Page Count: 237
- Publication Year: 2021
- Language: English
New tendencies of liability in administrative law
New tendencies of liability in administrative law
(New tendencies of liability in administrative law)
- Author(s):Elena Emilia Ştefan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Administrative Law
- Page Range:11-21
- No. of Pages:12
- Keywords:Constitution; legal liability; ecological damage; administrative law; tribunal;
- Summary/Abstract:In the recent years, we are witnessing a formidable evolution of the legal concepts. Regardless of the legislative system we are in, one of the very current subjects is legal liability in the citizen’s relationship with the state. The tendency we are currently identifying is that liability has an increasingly interdisciplinary character. It is important for law practitioners to know that in comparative law an interference of liability is seen between several branches of law, for example, administrative law and environmental law, due to the recent contribution of jurisprudence. Thus, in France, in a recent matter, very broadly presented in the media, the Paris Administrative Tribunal established the state’s liability for ecological damage caused to private persons. The direct impact of this favorable court decision was immediate, leading to legislative changes. The object of this study is to analyze the interdisciplinary character of legal liability, with a focus on liability in administrative law. By means of the research methods employed in this article, we shall analyze the relevant legislation, doctrine and jurisprudence, in order to capture the tendencies of liability in administrative law, from the national perspective, as well as from the viewpoint of comparative law.
The opportunity control in administrative litigation – from theory to practice
The opportunity control in administrative litigation – from theory to practice
(The opportunity control in administrative litigation – from theory to practice)
- Author(s):Anamaria Groza
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:22-35
- No. of Pages:14
- Keywords:administrative act; administrative litigation; judicial control of legality; judicial control of opportunity; excess of power; proportionality;
- Summary/Abstract:Subject to debates from the point of view of its performance and intensity, the judicial control over the opportunity of administrative acts is, in our opinion, necessary in a state governed by the rule of law. Law 554/2004 contains legal institutions that impliedly enshrine this control. Its implementation raises the problem of the criteria to which courts can refer. The criteria, although different from one case to another, can be systematized. Thus, the evaluation of the consequences of complying with the legal norms with a judicial force superior to the administrative act offers a clear parameter within which public authorities can assess the adopted acts. Secondly, the action of the admin- istration generally takes place in a Member State of the European Union, within a set of principles, such as non-discrimination, transparency of the decision-making process, lack of arbitrariness, impartiality of the administration, respect for legitimate expectations, predictability, consistency, proportionality of the measure with the objective, etc. Thirdly, administrative acts and operations must respect a fair balance between public interest and private rights/ interests affected by them. The performance of this control in the context of two cases we selected led us to some conclusions which have, we believe, a high degree of applicability: the opportunity character of an administrative act must result from the content of the act itself or from acts preceding its adoption and the limits of the appreciation power of public institutions may result from judgments (too). Our research is descriptive and explanatory, including a case study. The use of case law data (somehow abandoned in the doctrinal dispute) brings new perspectives on the approach to the opportunity control.
Autonomy of administrative law in French and Romanian systems
Autonomy of administrative law in French and Romanian systems
(Autonomy of administrative law in French and Romanian systems)
- Author(s):Nicolae Alexandru Ceslea
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Administrative Law
- Page Range:36-52
- No. of Pages:17
- Keywords:administrative proceedings; law autonomy; material law; normative autonomy; normative delimitation; normative regime; procedural law;
- Summary/Abstract:The paper starts with the identification of unitary and dualistic systems of administrative regulation. The analysis stops to the French and Romanian systems and overlaps them, applying the comparative method. This allows us to observe not only what the current regulations of French and Romanian law looks like, but also opens the perspective of an evolved solution that would meet the needs of a modern administrative law.
Controversial issues regarding the legal regime of incompatibilities of the locally elected officials
Controversial issues regarding the legal regime of incompatibilities of the locally elected officials
(Controversial issues regarding the legal regime of incompatibilities of the locally elected officials)
- Author(s):Dan Constantin Mâţă
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:53-62
- No. of Pages:10
- Keywords:locally elected officials; incompatibility; termination of office; administrative liability;
- Summary/Abstract:The establishment of a legal regime of incompatibilities for persons appointed in public offices and dignities is necessary because it confers legitimacy and ensures an adequate protection of the public interest. The state of incompatibility assumes the simultaneous fulfilment of certain functions, activities or qualities in relation to which the law expressly prohibits the accumulation. It shall be established by an evaluation report drawn up by an administrative authority or by a court decision. For the rigorous observance of the regime of incompatibilities, a sanctioning regime has been established, which implies, in addition to the legal termination of the incompatible function, a series of prohibitions or revocations. In the case of locally elected officials (local councillors, mayor, county councillors, county council president) the finding of the state of incompatibility is a case of termination of office as of right and results in the ban on holding the same eligible position for a period of 3 years from termination of office. The succession of legal instruments and the imperfections of the regulatory text have generated a non- unitary case law regarding the interpretation of the legal nature of the applicable sanction, of the term during which the limitation of liability can be claimed, as well as of the moment from which the interdiction period operates. The article analyses the doctrinal and jurisprudential controversies regarding the legal regime of incompatibilities of the locally elected officials in the light of the recent interpretations of the High Court of Cassation and Justice.
Considerations regarding the legality of the administrative act issued by the court in order to manage the judicial activity
Considerations regarding the legality of the administrative act issued by the court in order to manage the judicial activity
(Considerations regarding the legality of the administrative act issued by the court in order to manage the judicial activity)
- Author(s):Sandra Grădinaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:63-72
- No. of Pages:10
- Keywords:random distribution of case files; nullity of administrative acts; decision of the Court`s Leading Board;
- Summary/Abstract:The principle of random assignment of cases is closely related to the right to afair trial guaranteed by art. 6 of the European Convention on Human Rights. The main purpose pursued through the random assignment of cases is to provide a guarantee to the litigant that he will benefit in the resolution of his own case, from the designation and trial of an impartial court. An example of violation of this principle involves the settlement of a given case by a court that has not been established by law (condition expressly required by art. 6 ECHR), but by judges who have been appointed by the leading Board of the Court. On the one hand, the present paper aims to analyze how the principle of random assignment of cases can be circumvented by replacing during the trial one or many of the members of a judicial panel with other judges, and on the other hand to provide legal proposals. At the same time, throughout this paperwork, we will expose which are the means that any litigant can use to signal the irregularities regarding the abusive substitution of one or many of the members of a judicial panel. Last but not least, we intend to address a topical issue for doctrinaires, professionals, but also for litigants, given the complexity and "sensitivity" of invoking irregularities regarding the members of a bench of the Court, who would be called to rule in a complaint regarding the way in which they were invested to judge a case that was not randomly assigned to them.
Current legislative references in the matter of public property lease contracts
Current legislative references in the matter of public property lease contracts
(Current legislative references in the matter of public property lease contracts)
- Author(s):George-Bogdan Ionita
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:73-79
- No. of Pages:7
- Keywords:rental of public property; administrative contracts; administrative code; legal regime; object of the contract;
- Summary/Abstract:The present research aims to analyse an important topic in the field of current administrative contracts, namely, the lease of a public property. The paper is structured in two sections. The first section will address the issue of public property law in order to analyse in a concrete way aspects related to the object, subjects or legal characters of public property in the context of the application of administrative contracts. The second section will seek to analyse the current regulation of the lease from the perspective of the provisions of GEO 57/2019 on the Administrative Code in order to objectively observe the current legal regime established by this normative act. The elaboration of the study used the current legislation in the field as well as specialized works in the field of administrative law.
Jurisdiction of the courts to settle disputes concerning former dignitaries or civil servants
Jurisdiction of the courts to settle disputes concerning former dignitaries or civil servants
(Jurisdiction of the courts to settle disputes concerning former dignitaries or civil servants)
- Author(s):Adriana Deac
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:80-89
- No. of Pages:10
- Keywords:administrative and fiscal litigation; labor dispute; dignitary; civil servant; employee; employment relationship; inadmissibility; incompetence;
- Summary/Abstract:Recently, in the practice of the courts, we have noticed a different approach regarding the settlement of some litigations having as object the employment of the patrimonial responsibility of some persons who, at a certain moment, had either the quality of dignitary or the quality of civil servant. It is not an isolated case, it is about a significant number of lawsuits, about 20. Surprisingly, although in all these cases, the quality of plaintiff had the same national authority and the quality of defendants had, relatively, the same persons, the solutions of the courts were different, even contradictory, in terms of material, functional and territorial competence to resolve these disputes. The present paper aims to analyze the relevant court decisions in terms of legal issues, without discussing the merits of the cases, but only the procedural exceptions, inadmissibility and material and functional incompetence of the courts notified in resolving those disputes. In conducting the study, I will consider the methods of interpreting legal rules, respectively grammatical, logical and systematic, the purpose being to clarify this legal issue and to provide help, support to those who, perhaps, at some point, may face this situation.
Recent developments of the European Union institutions: the role of the consumer policy advisory group
Recent developments of the European Union institutions: the role of the consumer policy advisory group
(Recent developments of the European Union institutions: the role of the consumer policy advisory group)
- Author(s):Juanita Goicovici
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation
- Page Range:91-102
- No. of Pages:13
- Keywords:Consumer Policy Advisory Group – CPAG; European Commission; consumer; New Consumer Policy Agenda; EU institutions;
- Summary/Abstract:The study addresses the problematics of the recent foundation of the Advisory Group on Consumer Protection Policy on 22 December 2020, the first meeting of which took place on 21 February 2021. Pursuant to the launching by the European Commission of the New Consumer Protection Agenda, the Commission’s Directorate-General for Justice and Consumers (DG JUST) intended to set up an expert group, namely the „Consumer Policy Advisory Group”, whose structure will bring together representatives of consumer organizations, civil society and industry, with the main mission of assisting the European Commission in a future implementation of the Consumer Protection Agenda from 2021-2022 on. It will provide expert advice on the implementation of the consumer protection agenda, both in terms of public policy, as well as on the 22 types of concrete actions in key areas of consumer policy. The paper underlines the main competences of the newly-established group of experts, which will suggest operational actions to the European Commission in terms of the implementing the high-level priorities set out in the New Consumer Agenda as input into the yearly priorities which were discussed at the annual Consumer Summit. Consequently, the CPA Group will contribute to the monitoring by the European Commission of the implementation of annual operational actions posterior to the conclusion of the annual Consumer Summit and will assertively assist European Commission services in the preparation and the implementation of legislative and non-legislative actions delivering on the priorities of the New Consumer Agenda. Nonetheless, the CPA Group is determined to foster exchange of experiences and good practices on the areas of the New Consumer Agenda, thus contributing to the fortifying of the actioning capacity of consumer organisations and to the intensifying of the latter’s progress.
Considerations for the "Digital Single Market"
Considerations for the "Digital Single Market"
(Considerations for the "Digital Single Market")
- Author(s):Ioana Nely Militaru
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, ICT Information and Communications Technologies, EU-Legislation, Commercial Law
- Page Range:103-112
- No. of Pages:10
- Keywords:market; internal market; single market; digital single market; resolution; citizen; enterprise; legislative proposal;
- Summary/Abstract:With the Communication from the Commission, entitled "Single Market Act" of 2010, on the Europe 2020 Strategy, the issue of the internal market is relaunched by the European Union institutions. The field of progress of the internal market is oriented towards the digital single market - PUD. The European Union is thus becoming a digital player, which means for the Member States a transformation and adaptation to the information society. A key role in the completion of the digital internal market is played by the Commission, which has tabled numerous legislative proposals since 2010, in parallel with the European Parliament, which has adopted a number of resolutions to this effect. In the context of these regulatory concerns, many questions are emerging about how the digital single market responds to the needs of citizens, businesses and beyond.
Harmonisation of higher education system for the purposes of public administration efficiency improvement – some of the propositions for successful reform implementation
Harmonisation of higher education system for the purposes of public administration efficiency improvement – some of the propositions for successful reform implementation
(Harmonisation of higher education system for the purposes of public administration efficiency improvement – some of the propositions for successful reform implementation)
- Author(s):Jelena Dujmović Bocka
- Language:English
- Subject(s):Politics / Political Sciences, Social Sciences, Education, Law, Constitution, Jurisprudence, Public Administration, Higher Education , Administrative Law
- Page Range:113-132
- No. of Pages:20
- Keywords:Bologna process; Europeanisation process; harmonization; higher education; neo(institutionalism);
- Summary/Abstract:In this paper the author addresses the issue of recognition of the harmonization process as a significant part of higher education system reform in the Republic of Croatia. The first part of the paper emphasizes neo(institutionalism) as a theoretical approach, which has once been used in conducting empirical research, while at the same time confirming both the hypothesis that the national systems are more frequently being harmonized, as well as its sub-hypothesis, that the harmonization of national systems of higher education is mostly the result of Europeanisation process (along with its corresponding indicators – the Bologna process implementation, international collaboration – inter-institutional cooperation between institutions of higher education, project activities, European higher education politics, teaching and non-teaching staff mobilities). The basis for the paper refers to the Bologna process, that has been recognised as the key contributor for harmonization with the European system of higher education and has, as such, been implemented into the Croatian system of higher education. The necessity for applying the same and/or similar institutional propositions, that is, the necessity for approaching the common model is considered to be the centre of reform goals. The final part of the paper presents the results of a part of the mentioned research, which verify the aforementioned hypothesis and its sub-hypothesis and refer to specific propositions which should be taken into consideration for more successful reform implementation in one of the most significant public administration areas, public service, or better said, higher education system as part of public service.
Appointment of constitutional judges. A comparative law perspective
Appointment of constitutional judges. A comparative law perspective
(Appointment of constitutional judges. A comparative law perspective)
- Author(s):Marieta Safta
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Comparative Law
- Page Range:133-153
- No. of Pages:21
- Keywords:constitutional courts; the appointment of the judges; independence of justice; rule of law;
- Summary/Abstract:Given the role of constitutional courts essentially expressed by the idea of guarantors of the supremacy of the Constitution, the independence of these courts is crucial for a genuine democracy. In this context, the appointment of constitutional judges is a topic for debate by academia and legal practitioners, on the one hand, and politicians, on the other hand. Foreshadowing a broader analysis of the issue of the independence of constitutional courts in the Kelsenian model, this Communication addresses the issue of the appointment of constitutional judges, with special reference to the European frame of reference. Taking into account the rather heterogeneous nature of the regulations are highlighted elements that will ensure to a large extent the desideratum of independence and public trust in constitutional justice. For a clearer identification of these elements, the analysis is structured in the sense of the distinct presentation of the authorities that make the appointment of constitutional judges, the procedures of appointment, and the necessary conditions for the position of constitutional judge. The conclusions section proposes a set of good practices regarding the appointment of constitutional judges.
The impact of the Government's restrictive measures on the transparency of the administrative proceeding in the context of the COVID-19 Pandemic
The impact of the Government's restrictive measures on the transparency of the administrative proceeding in the context of the COVID-19 Pandemic
(The impact of the Government's restrictive measures on the transparency of the administrative proceeding in the context of the COVID-19 Pandemic)
- Author(s):Balázs Hohmann
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, Administrative Law
- Page Range:154-162
- No. of Pages:9
- Keywords:transparency; administrative procedure; personalness; COVID-19; pandemic;
- Summary/Abstract:Social distancing has become a distinctive feature of the recent global outbreak of the COVID-19 coronavirus and the government's response to it. This is also reflected in the way public administration systems perform their tasks and is a comprehensive feature of the way in which national and European public administrations are performing their tasks at the time of the lecture. In this context, the handling of cases in person has been suspended in several countries, and some public administration staff have switched to working from home. This situation has perhaps highlighted even more sharply the phenomenon that had already emerged in national regulations in the context of the electronisation and digitalisation of processes and electronic communication. And in this context, the question rightly arises, which has become even more striking in the current period: will the transparency of public administration, and within it the transparency of the process of public administration in individual cases, towards the client, remain sustainable in the long term if the client and society do not meet the public administration in person, but only through electronic platforms? The study will seek answers to these questions that can be scientifically substantiated.
North Macedonia looking for the “best electoral geography” for the parliamentary elections-controversies and perspectives
North Macedonia looking for the “best electoral geography” for the parliamentary elections-controversies and perspectives
(North Macedonia looking for the “best electoral geography” for the parliamentary elections-controversies and perspectives)
- Author(s):Jeton Shasivari
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Electoral systems
- Page Range:163-195
- No. of Pages:33
- Keywords:election law; voting; proportionality of the electoral model; electoral system; electoral constituencies; political scene;
- Summary/Abstract:The right to vote is a constitutionally guaranteed right of citizens to elect representatives and to be elected to the representative bodies of a given state. As a subjective public right, the right to vote is a way of indirect participation of citizens in the political life of the state. The main difference between the electoral models, which in itself is based on the legal and political dilemma of which electoral model is best, is directly related to the proportionality of the election results. In this regard, proportional electoral models more reliably reflect the political mosaic of a given society within its parliamentary structure. Therefore, in the electoral literature, it is usually emphasized that the ratio between the votes and the mandates won is provided more in the proportional electoral models than in the majority electoral models. However, the main dilemma is related to the research question of how proportionate is the proportional electoral model and what are the main factors that affect its proportionality. Therefore, with this paper author by explanation of the electoral system of North Macedonia, using: legal interpretive methods, statistical and comparative methods as well as the method of simulating of the election results with one constituency of the last five parliamentary elections in this country (2008, 2011, 2014, 2016 and 2020) held according to the proportional electoral model with six constituencies, will focus on the specific analysis of recent requirements of small political parties for reforming the electoral system with a single constituency, analyzing the advantages and disadvantages of such an electoral reform, taking into account the lessons from the experiences of countries in the region such as: Kosovo and Serbia that implement this electoral system.
Public procurement in times of pandemic Covid 19: the exception regime in Portuguese law and times of change in E.U.
Public procurement in times of pandemic Covid 19: the exception regime in Portuguese law and times of change in E.U.
(Public procurement in times of pandemic Covid 19: the exception regime in Portuguese law and times of change in E.U.)
- Author(s):Maria do Rosario Anjos
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation, Administrative Law
- Page Range:196-204
- No. of Pages:9
- Keywords:administrative law; contracts rules; public procurement; COVID-19 pandemic;
- Summary/Abstract:This work focuses on the importance of public procurement in the context of the recent COVID 19 pandemic and the impact it has had on the legal rules for these con- tracts. The analysis refers to the context of the Portuguese legal order and its connection to the European Union law. Objectives: examine the effects of the pandemic on the legal regime of public procurement in Portugal and its compliance with EU law. Analysis of legislative measures adopted by the prevention, containment, mitigation and treatment of epidemiological infection by COVID-19. Methodology: study of new legal measures introduced in pandemic time and study of the solutions adopted by Portuguese law. Results: we present the results of analysis of changes to the rules applicable to the formation of public works contracts, contracts for the leasing or acquisition of movable property and the acquisition of services, provided by the administrative public sector or similar, as result of the pandemic crisis.
Application of exceptional measures, imposed by the state of emergency, in Romania
Application of exceptional measures, imposed by the state of emergency, in Romania
(Application of exceptional measures, imposed by the state of emergency, in Romania)
- Author(s):Raluca Antoanetta Tomescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Administrative Law
- Page Range:205-217
- No. of Pages:13
- Keywords:crisis situations; exceptional measures; state of emergency; state of siege; disasters;
- Summary/Abstract:Recently, the society faced a series of special events, due to the risk situation caused by the spread of the SARS-CoV-2 virus at the international level, which forced the countries of the world to take special measures. At national level, this context was reflected in some exceptional measures in the institutions, namely the decree of the state of emergency, on the entire territory of the country and the restriction of some fundamental rights, for the first time in post-December Romania. Beyond the impact of the moral, economic or legal consequences, which it had on the community of institutions of these extremely drastic measures, the society had to face, not only with new social orders, but also some unclear situations, which aroused countless controversies over the meaning and application of legal rules, the interpretation of which raises even more questions and endless controversy. Therefore, we considered that a retrospective look at the basis of the measures implemented and the practical way in which they are applied is self-imposed.
Proceedings on claims brought by state bodies as a special type of administrative procedure
Proceedings on claims brought by state bodies as a special type of administrative procedure
(Proceedings on claims brought by state bodies as a special type of administrative procedure)
- Author(s):Volodymyr Kabanov
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Administrative Law
- Page Range:218-227
- No. of Pages:10
- Keywords:administrative judicial procedure; state body; execution of judicial decisions in administrative cases;
- Summary/Abstract:The article describes proceedings brought by state bodies as a special form of administrative procedure. There are special requirements for the category of public law disputes, state bodies as plaintiffs in a case, and elements of proceedings in cases brought by state bodies. To a certain extent, the details of individual cases in public law disputes involving state bodies are being developed. Administrative procedure is one of the elements of the mechanism for the protection of citizens' rights, freedoms and interests against unlawful activities by State bodies. State bodies play an important role in this process, as the exercise of their right of action forms a separate category of cases dealt with in the context of administrative justice. State and local government bodies and their officials, other entities in the exercise of administrative authority under the direct provisions of the legislation in force or delegated powers constitute a wide range of subjects of administrative and legal relations. The dispersion in national legislation of the legal basis for their participation in the judicial process adds to the complexity of the legal settlement of the relevant conflict situations.
The English judicial system
The English judicial system
(The English judicial system)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Court case, Comparative Law
- Page Range:228-236
- No. of Pages:9
- Keywords:United Kingdom; England and Wales; courts; common law;
- Summary/Abstract:England and Wales have a unified court system, based on common law principles. Scotland and Northern Ireland each have their own judicial systems. The court system in Northern Ireland is close to England and Wales system, while the Scottish court system is mixing elements of both common and law and civil law systems. In England and Wales, most civil cases are analyzed in the County Court. All criminal cases begin in the Magistrates' Court, but more serious offenses are going to the Crown Court. The High Court is both a court of first instance for high value civil claims and as an appellate court for civil and criminal cases. The Court of Appeal is only an appellate chamber. The Civil Division hears appeals form the High Court and the County Court, and the Criminal Division hears appeals from the Crown Court.