The obligation of Public Administation to comply with the administrastive Courts' Orders: new aspects of an old issue

Postgraduate Thesis uoadl:2694374 470 Read counter

Unit:
Κατεύθυνση Δημόσιο Δίκαιο
Library of the School of Law
Deposit date:
2018-03-22
Year:
2018
Author:
Ampatzi Dimitra
Supervisors info:
Βλαχόπουλος Σπυρίδων, Καθηγητής Νομικής Σχολής Πανεπιστημίου Αθηνών
Original Title:
Η υποχρέωση συμμόρφωσης της Διοίκησης στις αποφάσεις των διοικητικών δικαστηρίων: Νέες όψεις ενός παλαιού ζητήματος
Languages:
Greek
Translated title:
The obligation of Public Administation to comply with the administrastive Courts' Orders: new aspects of an old issue
Summary:
In this paper, we approach the question of Public Administration’s compliance obligation to the order of Administrative Courts. At the first level we present the aspects of Administration compliance which have remained stable over time. In the first introductory section we particularly examine the foundation of this obligation at the constitutional level and in general at the level of supranational law.
At the second section, we examine the compliance obligation de lege lata, taking into consideration the Procedure of Law no. 3068/2002 and its implementing Decree 40/2004, which define the procedures for ensuring compliance obligation.
At the third section, we present modern dimensions and new aspects of this obligation, those points, in particular, which, under the influence both of the new legislative regime of no. 22 of Law 4274/2014 and the revision of the case-law of the Council of State, have reconfigured compliance obligation by passing it, a fortiori, from the Administration to the Administrative Court.
In the fourth and final section, we systematize certain thoughts and suggestions for the transformation and remodelling of the current legislative framework, focusing on a change of position and powers of the administrative judge, who is not merely interested in interpreting the law that governs the case before him and in ascertaining the legal consequence of that interpretation by further developing the case-law, but aims, above all, to resolve the dispute by adopting an operative judicial decision.
Main subject category:
Law and Legislation
Other subject categories:
Public Law
Administrative Law
Keywords:
obligation, Compliance ,Public Administration, Court Orders,
Index:
Yes
Number of index pages:
4
Contains images:
No
Number of references:
49
Number of pages:
98
ΔΙΠΛΩΜΑΤΙΚΗ AΜΠΑΤΖΗ ΔΗΜΗΤΡΑ_ΓΙΑ ΠΕΡΓΑΜΟ.pdf (1 MB) Open in new window