Administrative litigation systems in Europe

Author:Catalin Silviu Sararu
Position:Department of Law, Bucharest University of Economic Studies, Romania
Pages:227-235
SUMMARY

The article, analyzing the administrative litigation in the comparative law, groups the existing types of administrative litigation into four major systems, namely: a) States with administrative jurisdictions who have the State Council on top, administrative body with consultative and judicial role (the French system); b) States with administrative jurisdictions completely separated from the... (see full summary)

 
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Administrative litigation systems in Europe
Associate professor Cătălin-Silviu SĂRARU
1
Abstract
The article, analyzing the administrative litigation in the compara tive law, groups
the existing types of administrative litigation into four major systems, namely: a) States with
administrative jurisdictions who have the State Council on to p, administrative body with
consultative and judicial role (the French system); b) States with administrative jurisdictions
completely separated from the active and consultative administrations (the German system);
c) States with a dministrative jurisdictions included in the judicial system; d) States with no
administrative jurisdiction (English system). The administrative contentious systems
analyzed have developed in line with historical evolution and legal traditions and have been
continually adapted to the realities existing in each state. The manner in which the
administrative contentious is regulated in a State reflects the degree of democratization of
that country, the extent to which the citizen enjoys legal safeguards to defend himself against
abuses by public authorities. The scientific novelty of this article is to capture the latest trends
in the evolution of the administrative co ntentious systems analyzed. This study aims to
provide an easy working tool for reforming administrative litigation on comparative law in
states with young democracy. In the research we used the comparative method, the historical
and the logical method.
Keywords: administrative litigation, comparative administrative law, judicial
system, dualist law system, administrative jurisdictions.
JEL Classification: K23, K33, K41
1. Introductory considerations
The term "contentious" comes from the Latin word contendere = to struggle,
to confront, and, from a legal point of view, serves to designate the character of
judicial acts and proceedings involving contradictory debates, quoting parties, etc.,
processes before the courts being likened to Long time "of judicial fights where each
party is fighting contradictory for the recognition and defense of its law"
2
.
The administrative contentious institution comprises all the legal rules
governing the settlement of disputes in which at least one of the parties is a public
authority, litigation having as its object the violation of a person's right or a legitimate
interest by an administrative act or by the failure to resolve within a legal term an
application.
1
Cătălin-Silviu Săraru – Department o f Law, Bucharest University of Economic Studies, Romania,
catalinsararu@yahoo.com
2
See Constantin G. Rarincescu, Contenciosul administrativ român, 2nd edition, „Universală” Alcalay
& Co., Bucharest, 1936, p. 105, n.s. 1.

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