The Settlement of Litigations Arising from the Interpretation and Enforcement of Administrative Contracts

• Author: Vasilica Negrut
• Position: Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati, Romania
• Pages: 5-12

JURIDICA

5

Public Law

The Settlement of Litigations Arising from

the Interpretation and Enforcement of

Administrative Contracts

Vasilica NEGRUŢ1

Abstract: Regarded nowadays as an instrument of strategy implementation of government p olicy and

establishment mechanism of public administration, the administrative contract raises many debates on

its applicable regime, but also on the jurisdiction, to solve litigations arising from their interp retation

and execution. In this paper we proposed, based on the analysis of the laws in force, doctrine,

jurisprudence, and previous research results related to the subject, using the comparative method, to

clarify the mentioned issues. The conclusions of this paper will strengthen the practice on the referral

of courts competent to solve litigations arising from the implementation of the administrative

contracts in th e context where the administrative contract has profound implications in the

administrative, economic and social field.

Keywords: administrative contract; legal status; administrative contentious; litigation

1. Preliminary Aspects

A controversial legal institution in the administrative doctrine (Iovănaş, 1997, p.

74), the administrative contract is currently regarded as a “tool for achieving

governance strategy” with an essential role in the reconciliation between public law

and private law, “recreating the unity of the law” (Săraru, 2009, p. 11).

In the French legal literature (Laubadère, 1956, p. 307) it can be noted that the

identification of the administrative contracts, the legal practice has taken into

consideration two aspects: exorbitant clauses (derogation of the common law) and

the direct participation of contractors to achieve the same public services. The

quoted author defines the administrative contract using two alternative criteria.

1 Professor, Ph D, Dean of Faculty o f Law, “Danubius” University of Galati, Romania. Address: 3

Galati Boulevard, 800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290.

Corresponding author: vasilicanegrut@univ-danubius.ro

AUDJ, vol. 11, no. 1/2015, pp. 5-12