ENSURING EFFECTIVE JUDICIAL PROTECTION IN ADMINISTRATIVE DISPUTES THROUGH THE ANNULMENT POWER OF THE ADMINISTRATIVE JUDICIARY

Background: Judicial control of administrative action has traditionally focused on the legality of administrative acts with little regard for the consequences of the administrative dispute. This was changed by the European Court of Human Rights (ECtHR) through its interpretation of the right of access to court under Article 6 of the European Convention on Human Rights. The ECtHR expanded this right to include the enforceability of administrative court judgments, prompting a shift in the role of the administrative judiciary toward ensuring the effective resolution of disputes. This has influenced reforms across European countries, many of which have introduced mechanisms to support administrative courts in delivering more effective judicial protection. This article has two main objectives: first, to examine how administrative disputes have evolved from merely assessing the legality of administrative acts to ensuring effective judicial protection of individuals by expanding the right to a fair trial, and second, to analyse how this shift has influenced national legal frameworks, with a focus on mechanisms that empower courts to enforce their decisions and conclusively resolve disputes. Methods: The historical method is employed to trace the development of judicial control in administrative disputes and the influence of ECtHR case law. The logical method supports the analysis of key judgments, demonstrating the evolving interpretation of the right to a fair trial. The comparative method assesses how different European legal systems have adapted their frameworks to strengthen the enforceability of administrative court decisions. The systemic method ensures the internal coherence of findings, while the dogmatic method interprets relevant legal norms. Finally, the axiological method is employed to critically evaluate reforms and their alignment with core legal values. Results and Conclusions: The enforceability of administrative court judgments gained prominence with the ECtHR’s Hornsby case, which recognised that the right to a fair trial includes the execution of judgments. This understanding has led to substantial reforms across Europe to increase the effectiveness of administrative justice. While these reforms have improved individual rights protection and dispute resolution, they must respect constitutional principles, particularly the separation of powers and judicial impartiality.