Political Parties’ Access to Administrative Justice

Abstract

A decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor, whose mission is to protect the general interests of the society and to defend the rights and freedoms of the citizens. The political parties are persons under public law. Can a political party act against an authority (most often a political opponent) in order to protect the general interests and to defend the rule of law, as well as the rights and freedoms of the citizens?

Keywords

• administrative act
• political party
• public interest