Judicial control over the public administration: notion, legal basis, essence

Andreea Teodora Al-Floarei ()
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Andreea Teodora Al-Floarei: Faculty of Law, Western University of Timișoara

Anuarul Institutului de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” (“C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities Yearbook (CSNIPSSH Yearbook)), 2020, issue XXI, 255-266

Abstract: As a guarantee of the right to justice ofa person injured by an act of a public authority, administrative litigation is an extremely important institution in a democratic state. From a historical perspective, judicial control over public administrationin Romania, as an institution, has its origins in the early twentiethcentury, the first law that introduced the notion of administrative litigation in Romania was the Law of 1905 governing the organization and functioning of the Court of Cassation, or perhaps even earlier, in the law of 1864 whichestablished the Council of State. As a modern institution, which has its basis in article 52 and article 126 para. 6 of the Romanian Constitution and is currently regulated by Law no. 554/2004, administrative litigation can be defined as that activity which the administrative litigation courts undertake for the purpose of resolving, in accordance with the provisions of the organic law, disputes in which a public authority plays the role of one of the parties (at least), the conflict arising either as a consequence of the issuance /conclusion of an administrative act, understood in the sense assigned by the legislator, or as a result of the failure to resolve a request within the legal term or, depending on the situation, as a consequence of unjustified refusal to give a resolution of a request having as object a legitimate right / interest. In this article we analyzed the meanings of the notion of “judicial control over public administration acts”, its legal basis, its essence and characteristic features.

Keywords: administration; administrative act; public authority; administrative litigation; judicial control (search for similar items in EconPapers)
Date: 2020
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