Administrative Appeal as an Out-Of-Court Procedure for the Protection of the Rights of Individuals and Legal Entities

Illia Yuriichuk ()
Additional contact information
Illia Yuriichuk: PhD student of the Department of public law, Faculty of Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine

European Journal of Law and Public Administration, 2019, vol. 6, issue 1, 98-109

Abstract: In administrative law, there are two major ways of contesting allegedly unlawful decisions/acts: the administrative appeal and the judicial review (court action). While the administrative appeal is an attempt to solve the dispute at administrative level, the judicial review is an adversarial proceeding by which an individual transfers the conflict with a public authority to the (administrative) courts. In principle, the administrative appeal and the judicial review are independent, and the rules for their exercise normally do not interfere with one another. One of the forms of legal protection of a person in relations with public administration authorities is the institution of administrative appeal, the purpose of which is to fully and timely prevent and eliminate any violations of law and discipline in the activities of public authority. It ensures the active and proactive participation of citizens in the protection of their rights in administrative manner. The right to administrative appeal of decisions, actions or inactivity of authority directly to them or to administrative bodies, which are higher in the system of hierarchical subordination, is an important and necessary mechanism for pre-trial settlement of a dispute between a citizen and the relevant authority. The resolution of such disputes within the framework of administrative appeal provides an opportunity for business entities, individual citizens to protect their interests, identify shortcomings in the work of public authorities and promptly eliminate them, save time and effort, bypassing the judicial form of protection.

Keywords: Administrative appeal; procedure; judicial review; unlawful decisions; acts or inactivity; public authority; protection of the rights; freedoms and interest. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2019
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://lumenpublishing.com/journals/index.php/ejlpa/article/view/1578 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:6:y:2019:i:1:p:98-109

DOI: 10.18662/eljpa/67

Access Statistics for this article

More articles in European Journal of Law and Public Administration from Editura LUMEN
Bibliographic data for series maintained by Antonio Sandu ().