Alternative Control Instruments over Administrative Procedures: Ombudsmen, Prosecutors, Civil Liability
ISBN:
978-3-939337-87-4
Verlag:
Schenk Verlag
Land des Verlags:
Deutschland
Erscheinungsdatum:
01.08.2011
Format:
Buch
Seitenanzahl:
64
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There is no doubt: judicial review of administrative decisions is the regalia, the most
important instrument of legal remedy. In the European legal thinking judicial review is
one of the indispensable principles of the rule of law, of the constitutionality of the legal
system. However, administration of courts was not prepared to face the permanently
growing number of administrative law cases, caused by the broadening of the activities of
the different public administration bodies and the deepening complexity of regulations. All
these facts led to the usage of courts as common, day to day instruments of control over
administration. If we do not want to give up either the effectiveness of public administration
or the dignity of court procedures, the more and more automatic administrative procedures
require alternative forms of control. Some alternative forms are observed in this essay.
A legal system using some or many alternative forms of control will not make government
fail-safe, but it could be considered a great achievement if the number of formal judicial
reviews and those of civil law trials against public bodies is sensibly decreasing. It would
make government and its control more equilibrated, leastwise we hope so.
