Juridical Tribune Volume 9, Issue 2, June 2019 299
able to act as a dispute settlement legal instrument/mechanism and to guarantee
justice as a supreme legal value in specific public legal relations between public
administration and a private person. The relationship between public administration
and law is ensured by judicial control and assessment of legality over the
administrative acts. Administrative act according to legal theory, means an
individual, concrete legal act (administrative decision) issued by public
administration in administrative proceedings determined by law, decides, in
administrative matters, on rights, obligations or legal interests of individuals, legal
persons or other parties directly applying laws that govern the respective
administrative field.3 In other words, the administrative act is an individual legal
act of public administration with the capacity of authoritativeness and
enforceability, which on the basis of law decides in an administrative matter.4
Hence, judicial review of public administration is, in a sense, the heart of
administrative law. It is certainly the most appropriate method of inquiring into the
legal competence of a public authority. Judicial review is not only conducted in
order to protect citizens’ rights, but also to protect public interest and legal order.
Judicial review ensures the realization of the principle of legality of administrative
functioning as well as the principle of the rule of law.5
Judicial control over administration derives mainly, from the right to a fair
trial and the right to an effective remedy, according to the provisions of the
European Convention on Human Rights.6 Although the use of European
Convention on Human Rights initially applied only to civil and criminal
proceedings, the case law of the Strasbourg Court accepts that it can be used also in
administrative matters in the same time establishing the possibility of judicial
control over the executive branch of the Contracting States. Moreover, the Council
of Europe recommendations in the area of administrative matters emphasize the
3 Stevan Lilić, Upravno Pravo, Beograd, 2010, p. 263.
4 Zoran Tomić, Опште Управно Право (General Administrative Law), Beograd, 2017, p. 209.
5 See: Ivo Borković, Upravno sudovanje i Upravni Spor u Hrvatskoj u vremenu od 1990 do danas in:
Zbornik odluka Upravnog Suda Hrvatske 1977-2002, Zagreb 2002.
effect on all Member States of the Council of Europe. As a common European endeavor, it marks a
capital and impressive achievement for the Council of Europe, because it has created a common
European legal space for over 820 million citizens throughout the continent, establishing u niversal
standards in the area of international protection of human rights and freedoms. For the first time in
supranational legal remedy may suspend or strike down national judgments” making states directl y
accountable to the European Court of Human Rights for violating the provisions of the Convention.
The individual who is given the right to individual applications gains a consolidated and powerful
position, indeed he is closer to the status of legal subject of international law. The right of individual
petition and the Court’s ability to offer individuals judicial protection are cornerstones of the
Convention system. – Alastair Mowbray, Cases, Materials, and Commentary on the European
Convention on Human Rights, United Kingdom, 2012, 1-10; Ch ristoph Grabenwarter, The
European Convention for the Protection of Human Rights and Fundamental Freedoms –
Commentary, United Kingdom, 2013, p. 1-7.