The judicial review of administrative acts - Recommendation Rec(2004)20 and explanatory memorandum (2005)

The rule of law is inconceivable without access for all citizens to an independent and impartial tribunal established by law. In all states governed by the rule of law the administration is subject to the law and supervision by the courts on the same basis as any individual and any citizen, in accordance with the principle of the preeminence of law. Taking account of the variety of legal traditions in member states of the Council of Europe in the field of administrative proceedings, this recommendation sets out the general rules to be observed in organising the judicial review of administrative acts. Its main aim is to ensure effective access to judicial review, thus helping to consolidate the rule of law and human rights in Europe. It sets out five groups of principles which are to be applied by the governments of member states and which concern the scope of judicial review, access thereto, the independence and impartiality of the courts, the right to a fair trial and the effectiveness of judicial review.