ADMINISTRATIVE JUSTICE AND ALTERNATIVE DISPUTE RESOLUTIONS METHODS: UTOPIA OR REALITY?

Abstract

Administrative Law remains one of the few legal areas in which the role played by Alternative Dispute Resolution (ADR) is still limited. Despite the growing role played by ADRs tools in many legal sectors across the world, Administrative Law is still plenty of obstacles as regards to its use in this important area. The specific nature of Administrative law and of the Administration, the non-disposable nature of administrative matters, the special nature of the relationship between the Administration and citizens as well as the traditional opposition to/negation of the possibility to review the activity of the Administration to third persons other than judges underline this negative attitude towards the use of ADRs in this field. However, the traditional way to solve administrative disputes through the double option of claiming before the Administration itself or referring to State courts is becoming insufficient. In so far it is considered that they are unable to afford a sound, flexible and quick response to this category of disputes, characterized by its growing number and complexity and by the changes undergone in society and the administrative structures. This inability to grant timely, certain and affordable relief to citizens, is favoring
a change in the traditional attitude maintained towards ADRs and fosters the use in some jurisdictions of certain ADRs mechanisms —consensus, negotiation, mediation, arbitration— to tackle administrative disputes. Certainly, its use is still limited. A long way ahead remains, but for the first time the scenario of Administrative justice seems to be changing and ADRs tools are recognized a role to play, although still embryonic, in this specific, complex and evolving area