Assessing the effectiveness of the judicial review of administrative acts. Measures to remedy the violated right to a fair trial.

The project proposal includes activities in execution of the measures 5.1.3. and 5.1.4. of the Roadmap of the Updated strategy to continue the reform of the judicial system. The demand for guarantees of respect for the right of access to court and for reinforcement of the execution of the judicial acts is crucial for the effectiveness of the judicial control. The effective judicial control is an important legal element of the protection of the rights and freedoms of citizens in relation with the public administration and guarantees the compliance with law of the actions of the administration. To that aim, the project includes an identification of the cases in which the court was found to have restricted itself in the scope of judicial review, provided for by law, of the actions of the administration, exploring the reasons for this and the specific measures to remedy the violated right to a fair trial and drafting a mechanism for monitoring and assessment of the case-law of the administrative courts in the scope of the effective judicial review and the right of access to court. The project includes activities of identification of the cases from the last five years where the final judicial act is not executed as follows and of analysis of the degree of execution of the judicial acts on behalf of the local self-government authorities and local administration, the degree of execution of the administrative acts when the appeal was rejected by the court and the reasons of misconduct where it is applicable. The implementation of the drafted project activities, the recapitulation of the results of the case study and formulated recommendations and guidelines will create a useful instrument for the local self-government authorities and local administration towards the improved practices in application of the law.

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