Alternatives to Court Litigation in the Administrative Process  Cover Image
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Alternatives to Court Litigation in the Administrative Process

Author(s): Konstantin Pehlivanov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: Litigation in administrative procedure is an essential means of protecting the rights and interests of individuals and legal entities against unlawful acts of administration. However, the effectiveness of the protection is paid at a steep cost - the procedures are maximally formal and complicated, which makes the process expensive and time-consuming. More flexible, informal and cheap procedures are needed to-supplement and augment court litigation, or even to replace it. This would benefit both the parties and the jurisdiction that is marred by traditional overloading, resulting in long terms for verdicts on the cases. The Committee of Ministers of the Council of Europe issued a few Recommendations, such as R (81) 7, R (86) 12 and R (2001) 9 that recommend that member-states encourage alternative procedures - mediation, internal reviews, conciliation, arbitration, etc. The article offers a brief review of those Recommendations, the substance of the proposed alternative means, the examples of good administrative practice and a general overview of Bulgarian legislation in this area.

  • Issue Year: XLVII/2006
  • Issue No: 3
  • Page Range: 16-29
  • Page Count: 14
  • Language: Bulgarian