Protection of human rights by means of the administrative proceedings institution Cover Image

Protecția drepturilor omului prin instituția contenciosului administrativ
Protection of human rights by means of the administrative proceedings institution

Author(s): Claudia Elena Marinică
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Public Administration
Published by: Institutul Român pentru Drepturile Omului
Keywords: public administration; administrative proceedings; legal order;

Summary/Abstract: The study deals with the institution of the administrative proceedings institution in terms of the protection of human rights. Following a chronological presentation of the evolution of the legal regulations in the field, the author makes a thorough critic analysis of the provisions of Law No.554/2004, on the administrative proceedings, with the amendments and supplementations operated afterwards, in comparison with the international norms, particularly art. 6 in the European Convention on Human Rights and the communitarian acquis. The Europeanization of public administration aims at optimizing the administrative mechanisms associated to the communitarian legal order and providing the observance of the European citizens' rights. The decisions adopted by the administrative proceedings courts have important effects upon the behaviour of the public administration in terms of promotion and protection of human rights.

  • Issue Year: 2008
  • Issue No: 3
  • Page Range: 29-37
  • Page Count: 9
  • Language: Romanian