The object of the action in administrative litigation in the light of law No.212 from 25th july 2018

• Author: Laura Manea
• Position: Transilvania University of Brasov
• Pages: 135-140

Bulletin of the Transilvania University of Braşo v

Series VII: Social Sciences • Law • Vol. 11 (60) No. 2 - 2018

THE OBJECT OF THE ACTION IN ADMINISTRATIVE

LITIGATION IN THE LIGHT OF LAW NO.212 FROM

25TH JULY 2018

Laura MANEA1

Abstract: Exercising control regarding the legality and opportunity on the

administrative act by the court is circumscribed to the object of the action in

administrative litigation and is guaranteed by the Constitution and regulated

by the special law, Law no.554 /2004. Along with the amendments to the

notion of administrative act, through the assimilation of administrative

contracts, controversies have appeared in the doctrine regarding the

competence of the administrative litigation courts regarding the execution of

the administrative contracts, clarified by the adoption of Law no.212 /

25.07.2018 .

Key words: administrative contract, administrative act, litigation,

competence, public interest, prior complaint

1. Introduction

The control regarding legality exercised by the courts on the administrative acts of the

public authorities, a principle of the rule of law and constitutional guarantee (art.126

paragraph 6 of the Romanian Constitution) is also defined by the doctrine in relation to

the activity of the public administration.

Professor Constantin G. Rarincescu (1936, p. 105) defined the administrative litigation,

framing it in the field of public law, as "the total of the disputes between individuals and

the Public Administration on the occasion of the organization and functioning of the

public services and in which rules, principles and legal situations are presented to the

case. " .By primarily reporting to the body carrying out the control of legality, the court,

professor Antonie Iorgovan (1996, p.381) defined the administrative liti gations: " either

in a material sense, evoking the totality of disputes between the administration and

individuals (no matter who solved the litigation, a judicial body or an administr ative

body) or in a strict sense, evoking the litigations settled only by the courts ".

2. The Regulatory Settlement of the Subject-Matter of the Action in Adminis trative

Litigation

Depending on the object deduced from the trial, referring to the provisions of Article 2

paragraph 1 letter c) and letter c1) (reworded by art.I. points 1 and 2 of Law no.212 /

1 Transilvania University of Braşov, manea@unitbv.ro