48 MARIA ORLOV, MARIANA IANACHEVICI
system of state governance applies the fundamental principles of the rule of law:
legality, social equality, justice and equality before the law.
To this end, numerous strategies have been adopted to reform all areas of state
authority, especially, administration and justice and, to a smaller extent, the
legislative power. In addition, the entire regulatory framework has been reviewed
and modernized. As for the launched reforms, they encountered multiple difficulties
in the process of implementation so that no significant results have been achieved.
This is why the administrative justice has not been fully operational although
the above mentioned law has introduced a concept of administrative litigation
proceedings with maximum possibilities of protecting human rights that takes the
form of: administrative litigation proceedings with full jurisdiction that allows
both annulling the illegal administrative act and indemnifying the injured person;
administrative litigation proceedings, both subjective and objective, that give the
injured person and other persons the right to file a claim in the administrative court
in the interest of the injured person.
I. Establishment of administrative justice in the republic of Moldova
After the declaration of independence (August 27, 1991), numerous activities
aimed at modernizing and democratizing the state have been conducted in the
Republic of Moldova by creating new legal institutions that did not exist in the
Soviet period. These include: Constitutional Court, Court of Accounts, Ombudsman,
etc. In addition, to ensure legality in the work of public administration,
administrative justice has also been introduced, i.e. control by the judicial power
over the legality of administrative acts with a view to protect the human rights
infringed upon by a public authority.
Administrative justice is underpinned by art. 53, par. (1) of the Constitution3, as
well as by other constitutional provisions4 that have directly or indirectly contributed
to the adoption of the relevant framework-law5. In addition, administrative justice is
supported by several international acts on fundamental human rights and freedoms6
7, ratified by the Republic of Moldova8.
3 Parliament of the Republic of Moldova (1994). Constitution of the Republic of Moldova of
29.07.1994. [online] Chisinau: Monitorul Oficial no. 1, art. no.1, from 12.08.1994. Available at:
http://lex.justice.md/document_rom.php?id=44B9F30E:7AC17731 [Accessed 19.12.2017].
4 Orlov, M. (2009). Course of administrative litigation proceedings. Chisinau: Elena V.I. S.R.L., page 77-78.
5 Parliament of the Republic of Moldova (2000). Law no. 793 on Administrative Litigation Proceedings of
10.02.2000, art.6, par.(2). [online] Chisinau: Monitorul Oficial no. 57-58, art. 375 of 18.05.2000. Available at:
http://lex.justice.md/md/311729/ [Accessed 19.12.2017].
6 United Nations General Assembly (1948). Universal Declaration of Human Rights, 10.12.1948,
art. 8. [online] Available at: http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/
rum.pdf [Accessed 19.12.2017].
7 United Nations General Assembly (1966). International Covenant on Civil and Political Rights,
16.12.1966, art. 2, par.3 letter a). [online] Available at: http://www.justice.gov.md/public/files/file/
Directia%20rela%C5%A3ii%20interna%C5%A3ionale%20/002%20PIDCP.pdf [Accessed 19.12.2017].