Administrative Law
Administrative Law is the system of rules according to which are governed, on the one hand, the organization and operation of the Public Administration, ie all the services and legal entities of the state and in fact those that are distinguished as bodies exercising public power, and on the other hand the relations of these institutions with the citizens.
Merely, it concerns the relations between the Administration and the governed in principle, when the administration exercises public power, ie it establishes rules of law unilaterally, without the partnership of the governed.
Administrative dispute is any dispute that arises as a consequence of the operation of the Public Administration and the exercise of this public authority, which often through its single-person or multi-person bodies, in violation of the principle of legality and good administration causes harmful consequences for citizens. The restoration of the principle of legality is the responsibility of the administrative courts that are in charge of the control of the administrative procedure, the reform of the administrative acts if necessary as well as the award of compensation if there is a tortious liability of the State.
Furthermore, those that arise from public contracts also fall under the concept of administrative disputes. "Public procurement" means contracts for burdensome reasons which are awarded between one or more economic operators and one or more contracting authorities and have as their object the execution of works, the supply of products or the provision of services. There are three types of procedures for concluding public contracts, ie by direct award, summary tender and open procedures based on Law 4412/16. Throughout the process, from the submission of tenders until the final conclusion of the contract, various problems may arise, such as issues in the submission of tenders due to non-compliance with deadlines or insufficient supporting documents, issues in the award, discount of the candidate.
Sources of administrative law are:
- The Constitution
- Acts of legislature bodies (laws)
- Acts of European Legislature bodies (directives - regulations)
- Administrative acts (individual or regulatory)
- The General Principles
- Judicial decisions (not formal)
