Effectiveness of Administrative Appeals - Empirical Evidence from Romanian Local Administration
Lex Localis - Journal of Local Self-Government, Vol. 11, No. 1, pp. 71 - 85, January 2013
15 Pages Posted: 29 Aug 2014
Date Written: August 27, 2013
Abstract
Before resorting to a court for the annulment/modification of an administrative decision, an interested party has the possibility of challenging the decision before the administration itself. The (internal) administrative appeal is addressed to the issuing public authority (or to the higher public authority). Administrative appeals have always been considered an affordable tool for alternative dispute resolution in administrative matters, and a way of reducing the burden of litigation on the courts. The present article endeavors to make an analysis of the issues related to this topic. Empirical research conducted at the level of local public administrative authorities in Romania shows the importance and effectiveness of administrative appeals, in spite of the (sometimes) discouraging provisions of the law.
Keywords: administrative law, administrative appeal, administrative justice, judicial review, effectiveness, local administration, Romania
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