The representation of the administrative and territorial divisions before the court of law

Author:Elena Emilia ?tefan
Position:Lecturer PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email: stefanelena@gmail.com).
Pages:131-138
LESIJ NO. XXIII, VOL. 2/2016
THE REPRESENTATION OF THE ADMINISTRATIVE AND
TERRITORIAL DIVISIONS BEFORE THE COURT OF LAW
Elena Emilia TEFAN*
Abstract
The appropriate establishment of the loca l a uthority entitled to have the capacity of legal
representa tive before the courts of la w, when an administrative and territoria l division is par ty to a
case, ra ised many problems within the judicial practice. Not often, the motion to dismiss on grounds of
lack of passive legal standing of the administrative and territor ial divisions in the capacity of defendant
in a dispute, was claimed or substantiated. This is why, this study a ims to deter mine, in ter ms of the
legislation in force, the local government authorities which ar e entitled to have the capacity of legal
representa tive of the administrative and terr itorial divisions within a contentious administrative
dispute. In order to emphasize the importance of the appr opriate construction of the lega l texts which
regulate the subject in question, in the end of this study, we will expose a selection of case stu dies of
the national ca se law.
Keywords: Constitution, local government authorities, the motion to dismiss on grounds of lack
of passive legal standing, contentious a dministrative, the Constitutional Court of Romania.
1. Introduction
During the interwar period, the
administrative law was the discipline which:
covered the activity of an authority. The
state is a community sit uated on a territory
consisting of governors and governed
persons
1
.”ă Along with the same lines , in
what concerns the activity of the local
government, deemed in the same time as an
administrative authority, it was shown that it
fulfills its duties b y means of certain bodies
consisting of natural persons or groups of
* Lecturer PhD, Faculty of Law, “NicolaeăTitulescu”ăUniversityăofăBucharestă(email:ăstefanelena@gmail.com).
1
Paul Negulescu, Trata t de dr ept administrativ.Pr incipii generale, vol.I, ed. IV, Marvan Publishing House,
Bucharest, 1934, p.38.
2
Anibal Teodorescu, Tra tat de drept administrativ, vol.I, ed. V, Institutul de Arte Grafice Eminescu S.A.,
Bucharest, 1929, p.150.
3
For a broad analysis of lawfulness principle, see Elena Anghel, The lawfulness principle, in CKS-eBook 2010,
vol. I, Pro Universitaria Publishing House, Bucharest, ISSN 2068-779.
4
SeeăLauraă Lazr,ă Abuzul de poziie dominant. Evoluii i perspective în dreptul european i naional al
concurenei, C.H.Beck Publishing House, Bucharest, 2013, 272 p.
natural persons, such as: ministers, prefects,
police commissioners, county councils,
town councils etc.
2
The national legislation provides that
the activity of the local government
authorities is based on a series of principles
of which the lawfulness p rinciple is
distinguished as bein g the base of the
organization of state activity in ge neral
3
.
While i n the field o f private law, concepts
such as economic freedom, competition
4
, the
principle o f mutual consent, etc prevail,
these concepts are unknown for the public
law. Principle s such as loca l autonomy,
decentralization, public services

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