SUBJECTS OF CHALLENGING THE ADMINISTRATION

Authors

DOI:

https://doi.org/10.46991/S&L/2022.94.030

Keywords:

right to challenge the administration, locus standi, right of proper administration, real interest

Abstract

The determination of the scope of subjects having a right to challenge the administration is strictly connected to the realization of the principles of the generality of law and equality before the law, as well as to the constitutional right of proper administration and the integral part of it – the right to challenge the administration. The criteria needed to determine the scope of subjects entitled to challenge the administration are discussed in this scientific article - in the result of an analysis of domestic and foreign theoretical sources, legislation of the Republic of Armenia, legal positions of the ECHR, the Constitutional court, the Cassation Court and the practice of courts of other states. In the result, the author concludes that the main criteria for determining the locus standi in challenging the administration shall be the “real interest” argument.

Author Biography

Elina Geghamyan, Ministry of Justice of the Republic of Armenia

PhD Student at the YSU Chair of Constitutional Law,
Adviser to the Minister of Justice of the Republic of Armenia

Published

2023-02-21