UNELE ASPECTE DE DREPT COMPARAT PRIVIND MODALITĂŢILE DE EXERCITARE A DREPTULUI DE TUTELĂ ADMINISTRATIVĂ ÎN ȚĂRILE UNIUNII EUROPENE
SOME ASPECTS OF COMPARATIVE LAW REGARDING THE WAYS OF EXERCISING THE RIGHT OF ADMINISTRATIVE PROTECTION IN EUROPEAN UNION COUNTRIES

Summary/Abstract: The concept of administrative supervision was created and is used nowadays as a way to maintain the unity of a state while safeguarding the autonomy of local governments and implies the right of central administrative bodies to be consulted with regard to the decisions made by locally elected officials, the right to control the finances of local communities and the prerogative to control the legality of administrative decisions enacted by local governments. As far as financial control is concerned, in regard to the regional authorities with legislative powers, the external control of the central state is limited or even nonexistent, and such controls are exercised mainly by independent non-State organisms. With regard to local authorities themselves, the external control is largely turned over to judicial organs, the administrative control exists only in special cases and internal control is often given to a specific independent entity. Except for Spain, in other systems of law whose provisions form the subject of this analysis, public administrative authorities are those who are competent to rule on the legality of acts of local elected authorities. In all legislation considered the most severe penalties incurred for the illegality of such acts (penalties that in some cases go up to dismissal from the elective office or up to the dissolution of peer institutions) are always the exclusive jurisdiction of the courts. As for the nature of the control exercised, in all systems of law reviewed, except for England, the legality of administrative acts is verified posterior to their emission, the a priori control being the exception.

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