Defence of human rights by lawsuits before courts of administrative disputed matters Cover Image

Apărarea drepturilor omului prin acțiuni în contenciosul administrativ
Defence of human rights by lawsuits before courts of administrative disputed matters

Author(s): Constantin Sava, Iulian Sava
Subject(s): Constitutional Law, Public Administration, Public Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: public administration; control; legality; administrative disputed matters; administrative court; legitimate right; legitimate interest; damage; compensation;

Summary/Abstract: There is a wide variety of control forms to be exercised on the public administration, which are meant to provide compliance of the activity performed by the public administration authorities with the exigencies established by the political forums. These control forms differ from one another depending on the peculiarities of the public administration subordination. According to the authors, the external control, by means of the disputed matters method or the jurisdictional control, as a means to protect the citizen's rights, is situated beyond the field of public administration, yet with a major impact upon the latter's quality. The existing legal framework allows the citizens to practically exercise, individually, a control on the legality of individual administrative acts; it also provides the citizens with the actual possibility to challenge an abusive administrative act. Thus, a person who has been harmed in his/her rights or legitimate interests by a public authority, by means of an administrative act or by failing to solve an application within the legal period of time, can obtain acknowledgment of the claimed right or legitimate interest, annulment of the act and compensation for the damage by means of administrative proceedings.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 54-57
  • Page Count: 4
  • Language: Romanian