Search results for "subjective rights"

La legge n. 219 del 2017 e la disciplina del fine-vita tra principi costituzionali e problemi aperti. Spunti di riflessione

2019

The law no. 219 of 2017 intervened, after an almost thirty-year debate, to introduce a discipline, though still incomplete, of the end of life. It is the first legislative intervention expressed in a matter on which, until recently, there were doubts that the State could intervene. The legislation is constructed by general clauses, which incorporate the jurisprudential right, guaranteeing that the person has possibility for autonomous decisions on how to live the terminal phases of a pathological state that approaches to death. However, it cannot be assumed that it is only a recognition of the already living right, since, in art. 1, the definition of the axiological framework of reference c…

Yksivuotiaiden lasten huoltajien subjektiivisen varhaiskasvatusoikeuden rajaamiseen liittyvät asenteet ja niitä selittävät tekijät

2018

THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

2016

Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems r…

Le renouvellement du contrôle juridictionnel de l’administration au moyen du recours pour excès de pouvoir

2017

The role of the administrative judge (the excess of power) has evolved due to the implementation of the various texts adopted recently as well as the developments in the case-law in recent years. In many areas, its role now goes beyond the mere confrontation of an administrative act with the rule of law. At the heart of the annulment decision is a statement and an assessment of the facts, apart from the interpretation of the law, which were usually separated by the principle of separation between the administration and its judge.Some jurisprudence which has become very classical, as well as others more recent, can be considered as characteristic manifestations of this new tendency of the ju…