Historical Development of the Contestation of Administrative Acts by Administrative Order in the Context of Emerging Administrative Justice

Authors:

Pages: 315-324
DOI: https://doi.org/10.54664/PPVX4637

Abstract:

Contesting administrative acts by administrative order and through court are the ways of protecting citizens and organizations against illegal administrative acts that affect their rights and freedoms recognized by law. One of the main differences between the two types of control of administrative acts is in the entity that carries out the control – in one case it is an administrative body, and in the other case it is a judicial body. Challenging administrative acts by administrative order, although not as widespread and preferred as a method of protection compared to contesting them through court, also finds application in Bulgarian legal reality, as the legislator in some cases has even introduced an obligation for the addressee of the administrative act to first challenge it administratively before having the legal opportunity to seek protection from the courts. In a number of cases, the challenge of administrative acts by administrative order is a mandatory procedural prerequisite for challenging them through court. Given that both methods of protection pursue the same goal, the question arises as to why the legislator has provided for two different ways to achieve the same result. To understand the function that the legal institute of the challenge of administrative acts by administrative order performs, as well as the reason for its emergence in parallel with the institute of contesting administrative acts through court, it is necessary to carry out a comprehensive study of its origin and to understand the idea of creating the same. The study of the genesis of the legal institute should start from the very emergence of administrative law on a global and national scale, then go through the various socio-political models and legislations that have existed since the Liberation of the Republic of Bulgaria until today, and end with the current legal system which regulates it.

Keywords:

administrative justice; contestation of administrative acts by administrative order; administrative courts.

Download

NA