Tuesday, January 21, 2014
A brief interview with attorney Adam Gottbetter regarding future application of uniform law .
Q: What is Uniform interpretation of law and it implicates in today’s legal concept?
Adam S Gottbetter: This is one of the biggest challenges in every legal system. Basing on the uniform interpretation and application of the law depend the uniformity of judicial practices in any country, including the realization of the principle of legality and legal certainty. However, the uniform interpretation and application of the law are faced with many challenges on which law and regulations, or any other general act enforcers must pay special attention.
Q: Where does Adam Gottbetter find the need for this?
Adam Gottbetter: The issue of uniform interpretation and application of the law is particularly topical in the field of administrative law, regarding the very large number of different regulations that apply on a same subject and the large number of divergent legal provisions contained in a number of administrative areas. Therefore, this issue should receive a special attention in the segment of administrative law. This particularly gains more importance today, given the implementation of the new Law on Administrative Disputes by which it established two-tier system of specialized administrative courts in the four administrative courts and the High Administrative Court. This law is also largely departed from another existing Law on Administrative Disputes, and edited with a number of procedural issues in a completely different way. From all this as an outcome emerges a number of open questions, and that is certainly not in favor of a uniform interpretation and application of law.
Q: What does Mr. Gottbetter suggest, how to solve these issues?
Adam Gottbetter: In order to interpret the governing law uniformly, and be equally applied in comparative law, numerous mechanisms are being developed. These are all based on the unification of law in appellate court cases where courts have a higher degree of its decisions to repeal unlawful judicial decisions and the reasoning for this comes from the proper interpretation and application of the law. Due to the correct course of interpretation of legal provisions, these courts sometimes act in enlarged Councils, and after holding public hearings on the method of interpretation and application of specific provisions decide on the matter. In order to get uniformity in the interpretation and application of the law very important are opinions that are being adopted at the sessions of court departments or all previous sessions. Also, in favor of a uniform interpretation and application of the law goes and practice to publish the most important judicial decisions which in this way provide higher public awareness with the proper interpretation and application of law.
Q: What Adam Gottbetter expects from these new regulations?
Adam Gottbetter: Starting from 1st of July 2014, as an important mechanism to unify the interpretation and application of the law will definitely show up the appeals in administrative proceedings. However, due to the very strict "filter" that limits making appeals in all cases, this means we will have only limited impact. Therefore, in order to unify the law we’ll need to implement some extraordinary legal procedures, especially the request for review of the legality of a final judgment, and in rare cases and dispute renewal. In the process of unifying the interpretation and application of administrative law, a special meaning will have and the legal interpretations of the administrative courts and the High Administrative Court, which will be adopted at the sessions of court departments and all judges’ sessions. Finally, a special attention should be given to the selection of decisions given in administrative courts and the High Administrative Court, and the legal interpretations of these courts should be more accessible to administrative officers and judges, and of course to the entire public. If in the future happens a case of increasing the number of cases of uneven interpretation and application of the law and that this comes as a results of fragmented jurisprudence, our legal system would certainly have to consider the introduction of a mechanism to equalize the interpretation and application of the law of comparative law, particularly those solutions that are well developed and have been proved as a good corrective of an uneven interpretation and application of the law.
Adam Gottbetter has been an associate at Gottbetter and Partners law firm since 2003. He was born on January 23rd, 1961 in New York City. Adam attended Columbia Law School. Soon after graduating, Adam Gottbetter started working as in his father’s law firm. Since then he has experienced a wide range of litigation, as he has being practicing law for the past 25 years. A significant portion of Adam S Gottbetter work as an attorney has been involved in the representation of law enforcement officers charged for excessive use of force.