Special Administrative Jurisdictions

• Author: Vasilica Negrut
• Pages: 17-21

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”.