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

AuthorVasilica Negrut
PositionProfessor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati, Romania
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:
AUDJ, vol. 11, no. 1/2015, pp. 5-12

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