Annulment of an Individual Administrative-Legal Act by the Court Without Resolving the Disputed Issue and Ordering the Issuance of a New Act – An Effective Means of Protecting the Rights of the Interested Party?
DOI:
https://doi.org/10.60131/jlaw.1.2025.9289Keywords:
Inquisitorial Nature, Adversarial Principle, Administrative Proceedings, Discretionary Authority, Annulment of an Act.Abstract
In a modern democratic legal state, the development of effective mechanisms for the protection of human rights and their practical implementation remains a challenge, which is unimaginable without the active intervention of the court as a controlling body. Such intervention is particularly important when the legality of administrative measures is reviewed through administrative bodies, and a person requests the protection of their rights and the restoration of justice.
As the dispute takes place between two unequal subjects and balance is the cornerstone of making a true and fair decision, this article discusses the role of the court in administrative proceedings, the expression of the inquisitorial principle, and when an individual administrative-legal act is annulled without resolving the disputed issue. The validity and effectiveness of using this mechanism are also discussed. The mechanism offered by administrative procedural legislation is evaluated in terms of its sufficiency and as the only primary means of a fully justified guarantee for the subsequent protection of a person's legitimate interests and rights.
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