The Term of Subjective Right in the Romanian Public Law Doctrine

Adriana Cernat

Manager Journal, 2007, vol. 5, issue 1, 73-89

Abstract: The coming into effect as of the end of 2004 of new regulations in the field of administrative contentious represented the introduction of a new approach over such institution (a genuine modification of the "text philosophy", as expressed by the law's initiator); however, in the same time this moment also generated some - we might say - virulent criticism. The said criticism mainly referred to the somehow "revolutionary" solution used by the organic law giver, namely of introducing in the legal regulations an article comprising juridical definitions of various terms used throughout the law. In the present study, we shall attempt to shape one of the law's key terms, which is the subjective right term; a future research is to further detail a term closely connected to such, which is the notion of legal interest. Aware of the difficulty of our pursuit herein, given the vivid debates arising in time in most law areas between the two terms (hence exceeding the limits of administrative law), we shall limit our attempt to describing the juridical views regarding such, without claiming to draw out a definition exceeding any criticism. To the possible extent, we shall seek for answers to various questions arising herein.

Keywords: subjective right; personal interests; regulations; fundamental rights (search for similar items in EconPapers)
Date: 2007
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