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Η παράβαση ουσιώδους τύπου και η παράβαση ουσιαστικής διάταξης νόμου στη διοικητική δίκη εν γένει (Master thesis)

Εμινίδου, Ντιάνα/ Eminidou, Ntiana/ Δημοσίο Δικαίο και Πολιτικής Επιστήμης

A fundamental concern arises at a systematic level of study of the procedure of administrative courts and for the peculiarities that characterize this sector, both from the institutionalization as a judicial body of the Council of State and as the highest cassation court of the country, as well as for the distinction of administrative disputes into substantive and cassation disputes. The subject of this paper is considered to be potentially naturally evolving in relation to other branches of law and, in particular, terminological clarifications such as the terms "form" and "procedure" and distinction from the substantive regulation itself are examined in principle, with the ultimate aim of a more complete legal understanding of the interpreted concepts of "essential form" of the procedure and "substantive provision of law" or otherwise a substantive provision of law, as their violation will be examined in this paper as extensively as possible, not limited only as grounds for annulment before annulment courts (P.D. 18/1989) but also through the legal remedy of appeal to the substantive courts, to the extent deemed necessary in the Code of Administrative Procedure (Α. 79). Finally, all the variations of the Supreme Court of Cassation regarding the treatment of the alleged grounds as irrelevant in both annulment and administrative disputes of substance will be presented with a multitude of case law decisions and criticism of the theory. Also cited is a wealth of foreign case law and theory on all the topics of the table of contents, for a more systematic understanding.