REMEDIES
LexInter | July 15, 2007 | 0 Comments

REMEDIES

Administrative appeals are requests for re-examination of the file by the administration. The remedies that can be exercised by the citizens against a decision taken by an administrative authority are the graceful recourse and the hierarchical recourse.

The gracious appeal is addressed to the administrative authority which took the decision.

The hierarchical appeal is addressed to the authority higher than that which took the decision.

The contentious appeal is an action which is brought before the administrative judge.

Equitable relief

Judicial appeal

Full jurisdiction remedy

Recourse for abuse of power

Action for annulment

Recourse for interpretation

Appeal for review

NCPC provisions concerning the appeal for review

Subrogatory recourse


Remedies


RIGHT TO AN EFFECTIVE REMEDY

The Article 13 of the ECHR enshrines a ” right to an effective remedy “


Anyone whose rights and freedoms recognized in this Convention have been violated, has the right to the granting of an effective remedy before a national body, even though the violation would have been committed by persons acting in the exercise of their official functions.

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