The Impact of the European Convention on Human Rights in the Field of Administrative Justice

AuthorMirlinda Batalli - Islam Pepaj
PositionAssociated Professor, Law Faculty, Prishtina University, Kosovo - Teaching Professor, PhD candidate, Law Faculty, Prishtina University, Kosovo
Pages80-93
ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 3/2017
80
The Impact of the European Convention on
Human Rights in the Field of Administrative
Justice
Mirlinda BATALLI
1
, Islam PEPAJ
2
Abstract: In democratic and modern model of the administrative justice the implementation of the
international standards plays a crucial role. This article seeks to examine how the judicial control is
exercised in order to protect human rights in the spirit of the European Convention on Human Rights,
in order to guarantee impartial and fair ad ministrative proceedings. Among the main mechanisms by
which the Council of Europe has provided a high standard of human rights protection is the European
Convention on Human Rights and its oversight organs, in particular the Eu ropean Court for Human
Rights (ECtHR). Administrative acts issued by public administration authorities very often constitutes
violations of fundamental rights and freedoms of persons, therefore th e exercise of judicial control is
of the utmost importance. In this regard, this article seeks to analyze current state of play and
additional progress toward protection of human rights and freedoms in the field of administrative
justice in line with prerequisites of the European Convention on Human Rights and its Protocols.
Keywords: Human Rights; European Convention of Human Rights; Administrative Justice; Judicial
Review
1. Introduction
Public law is generally focused in internal control over the administrative acts
based in the hierarchical and instancional principle. Acts of public bodies can be
challenged in the respective courts by way of “judicial review”, a procedure by
which judges should ensure the legality of such decisions. Therefore, the intention
of administrative justice is to guarantee that administrative bodies do not exceed
the powers given to them by respective laws. In this regard, the court‟s task is to
1
Associated Professor, Law Faculty, Prishtina University, Kosovo, Address: Agim Ramadani
Str.p.n., 10000, Prishtina, Kosovo, E-mail: mirlinda.batalli@uni-pr.edu.
2
Teaching Professor, PhD candidate, Law Faculty, Prishtina University, Kosovo, Address: Agim
Ramadani Str.p.n., 10000, Prishtina, Kosovo, Corresponding author: islam.pepaj@uni-pr.edu.
AUDJ, vol. 13, no. 3/2017, pp. 80-93

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