The Overthrow of the General Principle of Law Iura Novit Curia or the Judge's Desire Not to Apply the Law. The Restriction of the Right of Access to Court in the Contentious Administrative Subject to a Time Limit
The Overthrow of the General Principle of Law Iura Novit Curia or the Judge's Desire Not to Apply the Law. The Restriction of the Right of Access to Court in the Contentious Administrative Subject to a Time Limit

Summary/Abstract: The present study starts from a certain case-law orientation regarding the re-qualification by the court of the legal grounds invoked by the plaintiff after the judicial action is filed and the case is pending, developed in the field of the judicial review of administrative acts (contentious administrative) subject to a time limit. The two formalistic approaches of the courts in the sense of restricting the right of access to court will be analyzed in the light of the general principles of law, of which the most important is iura novit curia, as well as of the relevant case-law of the European Court of Human Rights.

• Details
• Contents