The possibility of initiating actions against public law legal entities

Abstract

The paper provides an in-depth analysis of the issue of initiating actions against legal entities under public law, treated as a fundamental pillar of the rule of law and effective judicial protection. At the core of the analysis lies the principle that no entity, regardless of rank or legal status, stands above the law — a principle enshrined in the supremacy of law, the separation of powers, and the constitutional right of citizens to an effective remedy. The study examines the constitutional and international foundations of access to justice, including relevant case law, as well as the provisions of the Administrative Code that determine the jurisdiction of courts in reviewing the legality of acts and actions of public authorities. Legal entities under public law — such as central and local public administration authorities, public institutions, autonomous administrations, and other entities vested with public authority powers — manage public assets and provide services of general interest. These very prerogatives can create imbalances in relations with private individuals, making it necessary to establish clear and efficient procedural mechanisms to restore legality. The paper details the types of actions possible against such entities and identifies practical limitations, such as immunities, restrictive time limits, and jurisdictional conflicts between civil courts and administrative litigation courts.