Faktiskās rīcības seku novēršana tiesību uz efektīvu tiesas aizsardzību kontekstā

Abstract

In order to ensure that the right to effective judicial protection is respected, the court must have the power to order that the consequences of the authorities’ real action be remedied. In Latvia, such competence of administrative courts is recognised. However, there is no uniformity in the case law as to whether the court deals with this issue as one of the issues to be decided in an action for the cessation of a real action or an action for a declaration that a real action is unlawful, or whether the court treats it as an action for taking a real action. A comparison of the two options leads to the conclusion that both are legally permissible, but that the first option has some advantages.