Passive legitimacy in judicial proceedings for protection against the unlawful interference by an administrative authority
2018
Abstract
The paper focuses on the issue of determining the defendant in the judicial proceedings against the unlawful interference of an administrative body. The Code of Administrative Justice provides for an exception for the armed forces and security forces.
The paper analyzes how this exception is applied in existing decision-making and whether this model is sustainable. The outcome is the belief that the existing argumentation is inadequate and so other alternatives for the future are offered.