Գեղամյան Էլինա 021
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OBJECTS OF APPEAL AND LIMITS OF EXERCISING THE RIGHT TO APPEAL AND REVIEWING THE LEGALITY OF ADMINISTRATIVE ACTION
GEGHAMYAN ELINA
Lecturer at the Chair of Constitutional Law,
Faculty of Law, Yerevan State University,
Head of the Legal Department, “TOWER INTERNATIONAL CONSULTANTS” CJSC
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Abstract․ This article examines the scope, and limits of the right to challenge administrative action as a fundamental component of the right to good administration and effective judicial protection. Drawing on the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, and comparative administrative law (Germany, France, the United Kingdom, the United States, and Canada), the article demonstrates that the scope of appealable administrative acts must be determined by their legal and factual impact on individual rights rather than by their formal classification.
Furthermore, the article explores the substantive dimension of the right to challenge administrative action, focusing on the permissible intensity of judicial review. It proposes a balanced model that ensures effective protection of subjective rights while respecting the separation of powers and administrative discretion. As a result, the author concludes that judicial review of administrative action by a court of full jurisdiction, while ensuring the necessary level of scrutiny of the lawfulness of administrative actions, must exclude the court’s assessment of the substantiation of the policy chosen by the executive in matters involving political decisions and administrative discretion, namely, issues that fall, by their very nature, within the competence of the executive branch.
Keywords: appeal against administrative action, court of full jurisdiction, separation of powers, scope and intensity of judicial review, objects of administrative appeal.
DOI: https://doi.org/10.63925/18294847-2026.bl21-03