Towards an European model of juridical control of the executive power

Abstract

Towards an European model of juridical control of the executive power. The purpose of this paper is to expose the characteristics of the three main European models of legal control of administrative powers: the British judicial review, the French administrative justice and the German specialized jurisdiction. The paper discusses the potential to progressively set-up a ‘European model’ based on the poles of attraction of the right to justice in accordance with the jurisprudence of the European Court of Human Rights, and specially the practice of the system of judicial review of the European Union. In view of the evolution of the different historical models and having in it counts the particular attraction of the practised one in the European Union, there is necessary to design a common model characterized by the rationalization, flexibility, specialization and collaboration.