The principle of independence in Administrative Justice Overview on Administrative Courts of European Union's countries

AuthorAida Hoxha
PositionUniversity of Tirana
Pages100-112
Vo
l. 4 N
o
.
3
N
ovem
b
er
,
2018
A
cademic Journal o
f
Business,
A
dministration, Law and Social Science
s
II
PCCL Publishin
g
, Graz-
A
ustri
a
I
SSN 2410-391
8
A
cces online at www.ii
p
ccl.or
g
1
00
The
p
rinci
p
le of inde
p
endence in Administrative Justice
Overview on Administrative Courts of European Union’s countrie
P
h
D
(
C.
)
Ai
d
a Hox
ha
U
niversity o
f
Tirana
Ab
str
a
c
t
The judicial independence is a touchstone of all democracies.
I
t is considered a basic principle
o
n the organization and functioning of the judicial system.
O
n the other hand, the existence
of
administrative justice is a
f
undamental requirement o
f
a society based on the rule o
f
law.
I
t signi es a commitment to the principle that the government, and its administration, must
act within the scope of legal authority.
I
n administrative justice, independence takes a special
i
mportance taking into consideration the fact that in the administrative judgment one party
i
s a public authority. The aim of this study is to analyze all the forms by which the legislation,
e
specially the law on administrative courts guarantees an independent administrative justice.
I
n the focus will be the organic laws of countries like France, country members of
E
uropean
U
nion.
A
lso, despite “Brexit” phenomenon, a special part of this article will be focused on
U
nited Kingdom administrative judiciary in special and administrative justice in general in
t
his country. By comparing two di erent systems of law, common law versus civil law, this
article will aim to extract the ways these countries use to guarantee in some points in di
erent
ways but with the same purpose, the independence o
f
judiciary system. The research questions
t
hat will be analyzed in this article, consist in identifying and analyzing forms that guarantee
i
ndependence of administrative courts like jurisdictional independence, manner of judge’s
appointment, not having a hierarchy in decision making, independence from the executive
power etc. By assuring an independent administrative justice, the countries, the ones, part
of
E
uropean
U
nion and the ones that intend to be part o
f
E
uropean
U
nion, will accomplish a
r
ight, fast and e ective administrative judgment, will guarantee e ective protection of human
r
ights and legitimate interests through a regular judicial process conform fast and reasonable
t
ime terms.
A
iming high applicability o
f
this principle, these countries will
f
ul
ll one o
f
the
m
ain criteria of aspiring or
/
and being part of the European Union
.
K
e
y
words
:
the principle of independence, administrative court, e ective administrative
judgment.
A
ll the rights secured to the citizens under the Constitution would not be valuable i
f
they are
not guaranteed by an independent and virtuous Judiciary
.
A
ndrew
J
ackson
I
ntr
oduc
t
io
n
The existence o
f
inde
p
endent and im
p
artial courts is a structural re
q
uirement o
f
a
state governed b
y
the Rule o
f
Law and thus to ensure the
p
ro
p
er im
p
lementation o
f
t
he law im
p
artiall
y
,
f
airl
y
, honestl
y
and e
cientl
y
. The inde
p
endence o
f
the courts
in general and o
f
the judges, must be considered as a guarantee
f
or the truth, libert
y
,
r
es
p
ect
f
or human rights and
f
air justice,
f
ree o
f
external in
uences.The inde
p
endence

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT