Short Considerations about the Jurisprudence of the Constitutional Court of Romania on the Conditions Required for the Acquisition of Locus Standi in the Subjective Administrative Contentious

• Author: Catalin-Silviu Sararu
• Position: Lecturer, PhD, Department of Law to the Bucharest University of Economic Studies, Member to the Society of Comparative Legislation from Paris, President of the Society of Juridical and Administrative Sciences
• Pages: 12-23

ACTA UNIVERSITATIS DANUBIUS Vol. 10, no. 2/2014

12

Short Considerations about the

Jurisprudence of the Constitutional Court

of Romania on the Conditions Required for

the Acquisition of Locus Standi in the

Subjective Administrative Contentious

Cătălin-Silviu SĂRARU

1

Abstract: This article analyzes the Romanian Constitutional Court decisions which r esolve

exceptions of unconstitutionality of provisions of Law no. 554/2004 on administrative contentious

regarding the conditions needed to acquire of locus standi in disputes of subjective administrative

contentious. Article used as a method of research, the critical study of Constitutional Court decisions

and doctrine, aiming at the final the formulation of de lege ferenda proposals. It is done so for the first

time a critical analysis of Constitutional Court decisions in this area.

Keywords: administrative contentious; the Constitutional Court of Romania; exception of

unconstitutionality; locus standi

1. Preliminary Considerations

The legal standing is a question of legitimacy (legitimatio ad causam) which is

imposed among the conditions required in order that the person to be part of the

process (Perju, 1995, p. 78). According to art. 36 of the Code of Civil Procedure

the legal standing results from identity between the parties and the subjects of the

litigious legal relationship as it is deduced at judgment. The locus standi implies

the existence of an identity between the complainant person and the person who

owns the right in the legal relationship deduced at judgment. (Ciobanu, 1997, p.

280)

The locus standi in administrative processes can have, according to art. 1 of Law

no. 554/2004 on administrative contentious, any person aggrieved party in its right

1

Lecturer, PhD, Department of Law to the Bucharest University of Economic Studies, Member to the

Society of C omparative Legislation from Paris, President of the Society of Juridical and

Administrative Sciences. Address: 6 Piata Romana, 1st district, Bucharest, 010374, Romania. Phone:

0040-213.19.19.00. Corresponding author: catalinsararu@yahoo.com.

AUDJ, vol. 10, no. 2/2014, pp. 12-23