Prethodno priopćenje
Judicial Control of Administrative Authorities in Europe: Toward a Common Model
Jean-Marie Woehrling
; Central Commission for the
Sažetak
The paper analyses the most fundamental aspects of the judicial
control of administrative authorities in the different European countries. Behind the diversity of philosophical backgrounds and organisational models, there are common references and similar tendencies in the evolution of judicial review on public administrations, revealing a growing europeanisation of this issue. The choice of giving judicial
review of public bodies to specialized administrative courts or leaving it by ordinary courts appears to be of secondary importance. What is really decisive to assess the quality of administrative justice is how to combine the protection of »subjective rights« and the promotion of »objective legality « and how regulate the conditions of admissibility to the courts (standing), define the scope of the control (acts and
actions that can be submitted) and guarantee the intensity of verification (the issue of »discretionary powers«). Everywhere in Europe, there is an extension of the concept of legality, which enlarges the framework of judicial control, a growing influence of the European Court of Human Rights and the European Court of Justice and an increasing process of exchange between judges and lawyers of different
countries. All these exchanges have contributed to the emergence of a set of major principles of European administrative law and to the emergence of a common European model of judicial review in the field of administrative action.
Ključne riječi
judicial control of administration; common European model; European administrative law; good governance; legality; specialised and independent administrative judges
Hrčak ID:
135913
URI
Datum izdavanja:
25.9.2006.
Posjeta: 3.516 *