Tutela în dreptul administrativ francez
Tutor in French administrative law
Author(s): Violeta StratanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: decentralization; hierarchical supervision; administrative control; judicial review; local autonomy; dialogue
Summary/Abstract: The theory of administrative control is indispensable for the existence of the centralization/decentralization dichotomy, for the existence of decentralization itself. Despite the fact that “control” seems to be a rather diminishing term, given its signification originated in the civil law field, it helps keeping an absolutely necessary distance in between state organs and local authorities. Moreover, it helps the decentralized authorities escape the hierarchy of the central power authorities, allowing them to be absorbed in that of the legal rules. Subject to the reform initiated by the decentralizing laws of 1982, the administrative control has acquired new values, which render it closer to the judicial review characterizing the Rule of Law. However, despite the dialogue it seems to open between the state and the local communities, the administrative control remains the expression of a power relation.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2013
- Issue No: 2
- Page Range: 42-51
- Page Count: 7
- Language: Romanian