Special Administrative Jurisdictions

Author:Vasilica Negrut
Pages:17-21
SUMMARY

The Constitution of Romania revised in 2003 establishes the free and voluntary nature of the special administrative jurisdictions, a fact which allows the party concerned to address either the administrative-judicial body or directly the court. If they opted for the administrative-judicial way, it must be followed to the end, then, under the terms established by the law, the party may address the ... (see full summary)

 
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Legal Sciences in the New Millennium
17
Special Administrative Jurisdictions
Vasilica Negruț1
Abstract: The Constitution of Romania r evised in 2003 establishes the free and voluntary nature of the
special administrative jurisdictions, a fact which allows the party concerned to address either the
administrative-judicial body or directly the cou rt. If they opted for the administrative-judicial way, it must be
followed to the end, then, under the terms established by the law, the party may address the cou rt, under the
right of access to justice provided by article 21 of the constitution. The administrative jurisdiction is an
activity of solving an administrative litigation by specific procedural rules of judicial procedure, based on the
principle of the independence, of insuring the right to defense and the administrative-jurisdictional
independence activity, which results in a jurisdictional administrative act. In order to achieve the objectives of
the paper, namely to highlight the essential elements of the resolution of litigation according to special
administrative jurisdictions, we have achieved an analysis of the legislative acts referring to this activity, of
the doctrine and jurisprudence. After examination and empirical research, the paper summarizes and specifies
the general conclusions on the role and importance of special administrative courts.
Keywords: special administrative jurisdictions; jurisdictional administrative act; competence; public
authority
1. Introduction
The 1991 Constitution, in its original form did not contain special provisions on special administrative
jurisdictions. In this context, the question was of whether we may speak of administrative jurisdictions
in the specialized literature, being formulated different opinions on the matter (Iorgovan, 2005, pp.
500-501).
Thus, some authors have considered that the Fundamental Law of Romania no longer recognizes the
administrative jurisdictions, the only jurisdiction activity recognized by the Constitution being carried
out by High Court of Cassation and Justice and by other courts, according to art. 125 (Popescu, 2004,
pp. 77-98)2. On the contrary, other authors have argued the opposite, exemplifying with typical
example of the Court of Auditors mentioned in the 1991 Constitution (art. 139, par. 1) and Title V
dedicating a special and specialized constitutional jurisdiction or constitutional contentious an
activity achieved by the Constitutional Court (Iorgovan, 2005, p. 501; Rîciu, 2009, p. 194).
Therefore, in interpreting all the provisions of the Romanian Constitution of 1991 it results that it
establishes: a constitutional jurisdiction, achieved by the Constitutional Court according to article 144;
a judicial jurisdiction exercised by the High Court of Cassation and Justice and by other courts
1Professor, PhD, Faculty of Law, “Danubius” University of Galati, Romania. Address: 3 Galati Blvd, 8 00654 Galati,
Romania. Tel.: +40.372.361.102, fax: 40.372.361.290, Corresponding author: vasilicanegrut@univ-danubius.ro.
2 Art. 125 of the unrevised Constitution established: “(1) Justice shall b e achieved by the Supreme Court of Justice and other
courts established by law. (2) It is forb idden to establish extraordinary courts. (3) The competence and procedure of courts
shall be regulated by the law”.

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