CALL FOR PAPERS: "Blind spots" of judicial review of disputes with the state and their impact on the protection of fundamental rights: from immunity of privileged state authorities to ensuring effective legal remedies

2024-12-07

Despite significant advancements in administrative justice across Europe, substantial challenges persist in the judicial oversight of state actions. This issue aims to shed light on and analyze instances where national legal frameworks either limit or empower administrative courts in reviewing acts of state, including those issued by heads of state, governments, or parliaments.

The contributions should address, but are not limited to, the following topics:

  1. Judicial Review and State Immunity:
  • The implications of state immunity doctrines on access to justice.
  • A comparative analysis of national jurisprudence regarding the review of government acts.
Effectiveness of Judicial Protections:
  • The relationship between administrative courts and constitutional courts in ensuring effective judicial protection.
  • The impact of recent rulings, such as the ECJ case Valančius (C-119/23), on the balance between state immunity and judicial oversight.
Procedural Specificities:
  • An examination of the procedural stages in judicial processes related to disputes with state authorities.
  • An analysis of whether administrative judges possess the necessary tools to resolve cases involving privileged subjects effectively.
Remedies and Accountability:
  • An evaluation of available judicial remedies and the limitations affecting claims against state acts.
  • A discussion on the responsibility of state authorities to rectify flawed legal acts.
Future Perspectives:
  • Hypotheses regarding the necessary reforms in administrative justice models across Europe.
  • Proposals for empowering administrative courts to enhance judicial scrutiny of state decisions in light of evolving legal frameworks.

Submission Guidelines and important Dates:

  • Abstract Submission Deadline:  31 January 2025*
  • Acceptance Notification : 28 Febryary 2025**
  • Full Paper Submission Deadline: 31 May 2025

 

*Articles submitted bypassing the abstract selection by the deadline of 31 May 2025 may be included in the volume with the approval of the subject editors or referred by the editors for publication in another volume of the journal.

 

** Acceptance of the abstract does not imply acceptance of the article for publication. All articles must pass the standard review process.

 

We encourage scholars, practitioners, and advocates from diverse backgrounds to contribute to this rich discourse on the vital role of judicial review in safeguarding fundamental rights.

We look forward to your submissions and to advancing the discussion on the intersection of administrative justice and fundamental rights protection in Europe.