Effective judicial protection and the powers of the judge in administrative litigation

Abstract

The transition towards a model of administrative justice focused on the tutelage of the rights and legitimate interests, has not yet to bring with it led recognition of full and broad powers for judges to provide the protection required by citizens. Thus, the subjectivization of administra­tive litigation experienced in various areas contrasts with a model of judicial control that rests on an annulment system of unlawful administrative acts, which also does not recognize to the judge powers of greater intensity, except in a few exceptions. This regulatory deficit limits the protection that citizens can obtain from the administrative justice, which is inconsistent with the standards demanded by the fundamental right to effective judicial protection.