A Comparative Approach to the Annulment of Regulations by the Plenary Session of Administrative Court of Justice

Author

University of Judicial Sciences and Administrative Services

Abstract

Conferring the annulment of governmental and municipal regulations to the Plenary Session of the Administrative Court of Justice by the parliament in 1982, which repeated in later legislations in 2006 and 2013, does not have a solid foundation. This design has some disadvantages: impossibility of deconcentration of Administrative Court of Justice, impossibility of appeal form Plenary Session’s judgments, inutility of distinguishing between national and local regulations, and unfruitfulness of classifying between different types of regulations in terms of their importance or the status of the body who makes them. Comparative studies especially in French, Spanish and Italian administrative justice systems, however, show us that all regulations are divided in local and national and each class of regulations are reviewed by different body in local or national level. In addition, review of important regulations has been separated. This article signals the need for reforms in this respect through an analytic and comparative research method.

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References

Alcubilla, Enrique Arnaldo y Rafael Fernández Valverde (2007) Jurisdicción Contencioso Administrativa, 3a Edición, Madrid: La Ley.
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De Laubadère, André; Venezia, Jean-Claude et Yves Gaudemet (2002) Droit Administratif, 17e Édition, Paris: L.G.D.J.
Peiser, Gustave (2008) Droit Administratif Général, 24e Édition, Paris: Dalloz.
Solenne, Diego (2014) Codice del Processo Amministrativo, Santarcangelo di Romagna: Maggioli Editore.

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