Serbian Judicial Review of Administrative Acts and European Standards for Administrative Disputes Cover Image

Serbian Judicial Review of Administrative Acts and European Standards for Administrative Disputes
Serbian Judicial Review of Administrative Acts and European Standards for Administrative Disputes

Author(s): Dejan Vučetić
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу

Summary/Abstract: In Serbia, when a right or a direct personal interest, based on law, of a citizen or legal person has been violated by an individual decision of authority of some government administrative agency, or the law has been violated by such a decision in favor of an individual, judicial control of administrative action is exercised in a special form of action, the administrative lawsuit. In first part of this paper author discusses in details this form of judicial control of administrative acts, indicating the specific nature of its purpose, grounds of competence, scope, and procedure according to Administrative Disputes Act 1996. In second part of the paper author analyze basic European standards (specified in Council of Europe's Committee of Ministers Recommendations, other legal documents and ECHR case law) that are, or should be applied in administrative procedure and judicial reviewing of administrative acts. Key words: judicial review of administrative action, administrative acts and matters, European standard of judicial review, administrative decision, Article 6, ECHR, administrative suit, government agency, administrative action, human rights, European court, administrative authority, legal protection, administrative proceeding, administrative agency.

  • Issue Year: 3/2005
  • Issue No: 1
  • Page Range: 73-90
  • Page Count: 18
  • Language: English