Review article
https://doi.org/10.22598/iele.2024.11.2.4
IN-DEPTH COMPARATIVE ANALYSIS OF THE PRINCIPLES OF LAW ON ADMINISTRATIVE PROCEDURES IN VIETNAM COMPARED WITH THAT IN EUROPEAN LAW
Uyen Thi To Doan
orcid.org/0000-0002-3066-7338
; Faculty of Administrative and Constitutional Law, Law University, Hanoi, Vietnam,
*
Tuan Van Vu
orcid.org/0000-0002-3066-7338
; Faculty of Legal Foreign Languages, Hanoi Law University,Hanoi, Vietnam,
* Corresponding author.
Abstract
The efficacy and integrity of judicial systems heavily rely on well-crafted administrative procedures, which serve as a framework to support the operational aspects of the judiciary, uphold justice principles, and maintain judicial integrity for a just society. This content analysis of qualitative research aims to analyze, compare and contrast the principles of the two administrative procedure laws, and to harmonize the two different systems of legal sanctions. Furthermore, this qualitative study used a structural approach of comparative law method and the most-similar and most-different systems design to make the systematic comparison and contrast between two legal normative instruments. By comparing the principles of administrative procedural laws of Vietnam and Europe, the research has revealed that while both regions share a commitment to principles such as lawfulness, fairness, and accountability, they differ in their approaches and implementation mechanisms. The comparison has highlighted the strengths and challenges of each legal system, providing a valuable model for policymakers and legal scholars, especially in developing countries like Vietnam, to improve the regulatory framework. The proposed legal framework of harmonising principles contributes to a deeper understanding of administrative procedural law and offers practical recommendations for enhancing the effectiveness and fairness of administrative processes.
Keywords
judicial systems; judicial integrity; just society, administrative procedure; framework
Hrčak ID:
327003
URI
Publication date:
30.12.2024.
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