Judicial control of public administration in Europeean Union countries

• Author: Popescu Doina
• Position: Juridical and Public Administration Sciences, Public Law Department, University of Pitesti, Pitesti, Romania
• Pages: 143-149

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2013), pp.143-149

143

JUDICIAL CONTROL OF PUBLIC ADMINISTRATION IN

EUROPEEAN UNION COUNTRIES

D. Popescu

Doina Popescu

Juridical and Public Administration Sciences, Public Law Department,

University of Piteti, Piteti, Romania

*Correspondence: Doina Popescu, University of Piteti, 1 Târgul din Vale St., Piteti,

Romania

E-mail: dopopescu@yahoo.com

Abstract

The European Union Member States governments are subject the following forms of

control: internal control over government, judicial review and external review our

jurisdictional nature.

In other EU countries, we also speak of duality of jurisdiction: the Supreme Court

does not have jurisdiction to review decisions of certain courts with special competence in

administrative matters.

Meanwhile, civil liability law has expanded government and judicial review provisions

of the Government. Jurisprudence of the State insists on legal personality and its civil liability

provisions against its officials. In a number of states, special jurisdictions are responsible for

checking accounts.

In all European countries, ordinary courts also have wider powers or less extended in

contentious relations with the government.

Comparative analysis of the institution of administrative courts in different states of

the European Union concluded that the most important issues: accessibility, speed and

effectiveness of judicial review.

Say that work is confined only a few EU countries because it is still the states that will

affect casting the future “United Europe” until the new democracies will consolidate and

secondly, the actual difficulties of documentation, even if sporadic information may be

obtained on these states.

In these Member States whose institutions I referred to, are not always clear that

information can be found on the situation in all that was done a comparative analysis and

that an institution or another has become over time in a state or another, it usually it is given

due attention. Thus, if we say, traditional constitutional monarchy, Britain thought leads us to

say whether the Ombudsman, Sweden comes to mind, and if we say contentious

Administrative whole doctrine is unanimous in its origin in the French model.

Keywords:EU countries, duality of jurisdiction, special jurisdictions, jurisdictional

control, administrative jurisdictions.

Introduction

The mechanisms of administrative control differ from a country to another. Nowadays,

there is a wide control range which is common to all Occidental European countries but with

different forms from a country to another.

In the European Union Member States, the administrations obey, as shown at the

beginning of the previous chapter, the following control forms: internal control over

administration, jurisdictional control and non-jurisdictional external control.