• Stefanos Kareklas Project “Promotion of the Rule of Law in the Kyrgyz Republic”
Keywords: democratic and liberal rule-of-law states, principle of legality, Greek Administrative Law, administrative decisions, enforceable administrative decisions, presumption of legality, presumption of authenticity and originality, presumption of truth, procedure for challenging and annulling administrative decisions, void or non-existent administrative decisions, voidable administrative decisions, setting aside of a decision, judicial control of the legality of administrative decisions


The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.

Author Biography

Stefanos Kareklas, Project “Promotion of the Rule of Law in the Kyrgyz Republic”

Team Leader of the EU-funded project “Promotion of the Rule of Law in the Kyrgyz Republic”, attorney


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How to Cite
Kareklas, S. (2021). “HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM. Administrative Law and Process, (2(29), 78-88. https://doi.org/10.17721/2227-796X.2020.2.06
Foreign administrative law and process