Subjective Right and the Legitimate Interest in the Romanian Administrative Law

• Author: Vasilica Negrut
• Position: Professor, PhD, Faculty of Law, 'Danubius' University of Galati
• Pages: 50-57

ACTA UNIVERSITATIS

50

Abstract:

Regulating the adm

concern of the society to strength

“confront” a public authority. T

action in the ad ministrative cont

its harm i n a subjective right o

concepts -

subjective right and

various opinions from specia list

law. Based on analysis, observat

highlighted the changes that h

legitimate interests would be p

jurisprudence tends to focus

on t

its subjective right or legitimate i

Keywords:

contentious; subjecti

1. The Conditions of

Introductory Aspects

The institution of admini

element of the state law (

violations committed by th

arbitrary power, of secur

synthetically, “the legal de

against public administratio

1

Professor, PhD, Faculty of La

800654 Galati, Romania, Tel.

vasilicanegrut@univ-

danubius.ro

IS DANUBIUS

Vol 9, no. 1

/2



Subjective Right and the Legitimate

Interest in the

Romanian Administrative Law

Vasilica NEGRU

1

ministrative contentious represents the expression of the par

gthen the legal protection of all individuals when it is in the posit

. This paper examines, briefly, o

ne of the special conditions of

ontentious, that is the condition referring to invoking b y the claim

t or in a legitimate interest. In this r espect, the research of th

nd legitimate inter est

-

will have a starting point the presentat

lists in other branches of law, such as general theory of law and

vation and cas e study, benefiting fro

m a r ich and diverse literatu

t have intervened in the Romanian law, which determined th

placed on equal footing with individual rights, especially sinc

n the harm of the person and less on whether the damage was brou

te interest.

ctive right; legitimate interest; public authority; administrative act

of Direct Action in A

dministrative Contenti

inistrative contentious is an essential and indispens

(Vedina, 2004, p. 88), “the repair democratic for

the bodies and administr

ative authorities, of limiting

uring the individual rights of administrators”, or,

defense form of individuals

-

persons (natural or leg

ation abuses.” (Petrescu, 2009

, p. 413)

Law, “Danubius” University of Galati, Address: 3 G

alati Boul

el.: +40.372 .361.102, fax: +40.372.361.290, Corresponding a

s.ro.

AUDJ, vol. 9, no. 1/2013, pp.

/20

13





ate

articular

sition to

of direct

imant of

the t wo

tation of

and civil

ature, we

that the

since the

rought to

act

ntious.

ensable

form of

ng their

r, more

legal)

-

oulevard,

a uthor:

p. 50

-57