THE PRELIMINARY PROCEDURE IN THE ADMINISTRATIVE CONTENTIOUS

Gradinaru Nicolae
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Gradinaru Nicolae: “Constantin Brâncoveanu” University from Pitesti, Romania

Management Strategies Journal, 2016, vol. 34, issue 4, 220-224

Abstract: The right to notify the court is not an absolute right, it can be limited by law to the extent that it does not limit the access to a court. The free access to justice is realized only in respect of the equality of citizens before the law and the public authorities, so that any exclusion which would signify breaking the equality of legal treatment is unconstitutional. The absence of the procedure can be invoked through a background exception, the preliminary procedure being a condition for the exercise of action, it is preemptory/dirimated because, its admission has as a result the annulment of the lawsuit and is relative because it can be invoked only by the defendant by contestation under the penalty of forfeiture. Admission or rejection of the exception by the court or failure to be resolved constitute grounds for appeal or recourse. By establishing preliminary conciliation procedure, the legislature wished to put into practice the principle of speeding up litigation between the parties - more prominent in commercial matters - and to relieve the work of the courts. The role of procedural rules, of establishing the procedure is to regulate an extrajudicial procedure that provides the parties an opportunity to agree on any claims of the applicant, without the involvement of the competent judicial authority. To these major reasons, conditioning the referral of the court, by going through the conciliation procedure with the opposing party can not be qualified as a violation of access to justice in the sense prohibited by the constitutional reference, as long as the interested party may apply to the court with the request for summons.

Keywords: preliminary procedure; exception; Administrative Contentious; Court; request for summons (search for similar items in EconPapers)
JEL-codes: M41 (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:brc:journl:v:34:y:2016:i:4:p:220-224

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