Record Details

Between a Rock and a Hard Place: The Ombudsman Between Administrative and Judicial Appeal Procedures

Transylvanian Review of Administrative Sciences

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Title Between a Rock and a Hard Place: The Ombudsman Between Administrative and Judicial Appeal Procedures
 
Creator VENY, Ludo; Head, Administrative Law Department,
University of Ghent, Belgium
CARLENS, Ivo; Assisting academic staff, Administrative Law Department,
University of Ghent, Belgium
VERBEECK, Bengt; Visiting professor, Administrative Law Department,
University of Ghent, Belgium
 
Subject —
 
Description In recent years a lot of attention has been paid to enhancing and strengthening the role of the Ombudsman in complaints procedures; an equal (or larger) amount of attention has been given to lowering the threshold of formal – administrative or judicial – appeal procedures or to simply creating more and broader legal protection mechanisms. From a legal point of view a strict distinction has always been made between the complaint of a citizen against ‘unfair’ treatment by the government and the appeal lodged by the citizen against an ‘illegal’ administrative decision. In this context it’s surprisingly easy to think of ‘complaints’ and ‘appeals’ as ‘black’ and ‘white’ categories thereby leaping over the grey area in-between. But it’s exactly this grey area which is of particular interest not only to the citizen – who very often finds such legal distinctions incomprehensible – but also to the legal community – whose primary interest should be fair adjudication. This paper has a dual focus: on the one hand we wish to study effective adjudication in administrative proceedings, on the other hand we want to examine the position of the Ombudsman visà- vis these administrative proceedings. Problems as described above are common to most countries that have well-developed (or over-developed) legal protection mechanisms. Complaints and appeal procedures are not – contrary to popular belief – parallel tracks but rather are separate tracks of legal protection which can and do intersect at some points in time.
 
Publisher Babes Bolyai University
 
Contributor —
 
Date 2009-12-09
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://rtsa.ro/tras/index.php/tras/article/view/32
 
Source Transylvanian Review of Administrative Sciences; 2009: Issue No. 28 E/Special Issue; 147-171
18422845
 
Language eng
 
Relation http://rtsa.ro/tras/index.php/tras/article/view/32/28
 
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