Case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of administrative appeals against individual acts

Abstract

This article is devoted to a theoretical overview of the key legal positions established in the case law of the Court of Justice of the European Union and the European Court of Human Rights regarding administrative appeals against individual acts, as well as their significance in the context of Ukraine’s European integration processes. The institution of administrative appeals against individual acts is one of the main forms of protection of the rights, freedoms and legitimate interests of private individuals in their relations with administrative bodies in modern legal systems. At the same time, for a long time, the pre-trial procedure for reviewing decisions was perceived in Ukraine primarily as a formal, ineffective procedure that merely delays the process of judicial protection. As a result of active reform of administrative legislation, in particular regarding the implementation of the Law of Ukraine «On Administrative Procedure», the issue of clearly defining the scope, content and criteria for the effectiveness of administrative appeals has become topical. The case law of the Court of Justice of the European Union and the European Court of Human Rights should serve as a guide for considering this issue.

The methodological basis of this work is the comparative legal method, which has enabled a comparison of the approaches of both judicial institutions, alongside a formal legal analysis of the texts of judicial decisions. The study found that the practice of the ECHR assesses the effectiveness of pre-trial review in the context of the right to a fair trial (Article 6 of the ECHR), the right to an effective remedy (Article 13 of the ECHR) and Article 35 (exhaustion of domestic remedies) of the European Convention. For its part, the Court of Justice of the European Union emphasises the principles of good administration, legal certainty and the obligation for administrative bodies to state reasons for their decisions. The authors demonstrate that the case law of both courts is not contradictory but complementary, and forms a unified European approach to the administrative protection of the rights of natural and legal persons. Based on the research conducted, it is concluded that an effective administrative appeal procedure must be based on the principles of impartiality, expediency, reasoned decisions and the guarantee of the right to be heard.