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Administrative litigation systems in Europe

Catalin-Silviu Sararu ()

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 1, 227-235

Abstract: 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 active and consultative administrations (the German system); c) States with administrative 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 contentious 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. (search for similar items in EconPapers)
JEL-codes: K23 K33 K41 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:227-235