Control of Legality of Administrative Acts and Protection of Human Rights and Freedoms

Abstract

Subject matter of this study is control of the administration, its types and meaning as well as the position and role of the court in the Republic of Macedonia, in particular from the aspect of protection of the citizens’ rights and freedoms against the actual illegal acts of the administration. The paper consists of an introduction, three discussion parts and a conclusion. In the introduction, the reasons for researching this important topic are given. In the first part the importance of the control of the administration is indicated. In addition, its types in the Macedonians’ legal system are described. In the second part of the paper the importance of judicial control of the concrete administrative acts in terms of separation of powers into legislative, executive and judicial is discussed. In the third part the role and the position of the administrative judiciary system in Republic of Macedonia is critically analyzed with respect to the power separation. In addition, the possibilities of disruption of its independence and autonomy by the executive power are implied. Finally, conclusion is provided with guidance for overcoming conferred shortcomings.The purpose of this paper is to highlight the advantages of control of the concrete administrative acts, especially by the judiciary, and to point out the weaknesses of the system that can lead to disruption of the independence of the judiciary by the executive power.

Keywords: Administration, act, control.