Գեղամյան Էլինա 021.1
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KEY ISSUES OF CLASS ACTION AND ADMINISTRATIVE REVIEW FOR THE PROTECTION OF PUBLIC INTEREST IN ADMINISTRATIVE PROCEEDINGS
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 protection of public interest within administrative review, emphasizing mechanisms that allow both the effective control of systemic and repeated administrative irregularities and the protection of legally recognized public interests, even where no parties with individual locus standi exist. Central to the analysis is the institution of the collective action (class action), explored through European, North American, and Russian doctrinal sources and comparative judicial practice. The author demonstrates that collective actions not only conserve judicial resources but also provide a robust tool against widespread administrative misconduct, without diluting the requirements for standing or expanding the limits of judicial intervention into executive discretion.
Additionally, the article investigates the role and the essence of the institute of challenging administrative actions (by civil society organizations) for the protection of public interest, distinguishing it from protection of vulnerable groups and the traditional actio popularis. By analyzing these mechanisms comparatively, the author identifies their conceptual differences and proposes a set of criteria for permitting civil society litigation.
Keywords: class action; public interest; administrative action; judicial review; civil society organizations; actio popularis.