Abuse of the Right of Administrative Appeal

Abstract

This research examines the phenomenon of the abuse of the right to administrative appeal (malicious appeal), which transforms the constitutional right to litigation into a tool for disrupting public services and harming others with malicious intent or extortion. Malicious appeals are grounded in the theory of abuse of rights, derived from comparative civil law. The research concludes that there is no deterrent mechanism comparable to that in France, where a financial penalty is imposed on the appellant of a malicious appeal, in addition to the administration's right to claim compensation for damages resulting from the abuse.

Furthermore, it is necessary to develop judicial standards for identifying malicious appeals and to strengthen the judge's role in establishing legal precedents for this purpose.