
With the cancellation of an administrative act, the administrative act shall cease to be effective retroactively with all its consequences starting from the moment of its establishment. The annulled administrative act is annulled for everyone related to the same subject, even if they do not file a lawsuit.
With the cancellation lawsuit, the legality of the administrative act, i.e. whether it complies with the law or not, is discussed. The supervisory power of the administrative judiciary includes the examination of whether the use of the powers left to the administrative authorities by the laws is in accordance with the law; otherwise, it does not result in the use of these powers by the administrative judiciary. In this respect, judicial review of administrative acts (individual or regulatory) is the control of whether these acts are in conformity with the Constitution and the general principles of law, the provisions of laws, by-laws and regulations and judicial jurisprudence. In cases where administrations have discretionary power to choose one of several options in order to carry out a certain public service effectively and efficiently and to demonstrate the public interest in a concrete manner, judicial review is limited to investigating and determining whether the option preferred by the administration and its implementation are in compliance with the law. In the event that the administrative judiciary renders a judicial decision in such a way as to force the administration to choose one of these options, or to compel the administration to take a certain course of action in a certain direction, the control of conformity with the law will be exceeded and the control of subsidiarity will be carried out. The review of subsidiarity is against the law and is outside the scope of administrative jurisdiction.
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