The relation between the substantial law and procedural law in defending subjective rights and legitimate interests

Petronela Adriana Cernat

Manager Journal, 2007, vol. 6, issue 1, 151-165

Abstract: Taking into account that the Romanian Constitution mentions the state of law and constitutional democracy, concomitantly specifying the essential values- human dignity, citizens' rights and freedoms, the free development of human personality, justice and political pluralism- defended by the domestic legal order, it seems of a real practical interest to notice the concrete means established in order to protect the above mentioned values. As it has been mentioned before, the contentious administrative represents one of the most efficient ways under which the values constitutionally affirmed are guaranteed and defended. The contentious administrative basically answers the old question: Quis custodiet custodes?, question that comprises one of the most difficult obstacles against the state of law actualization: to find the most efficient procedural ways for the state bodies able to use, directly or indirectly, the coercion force in order to make the citizens observe the laws, to be in their turn under the situation to observe the same laws. As the contentious administrative represents the courts of law activity meant to settle the conflicts whereas at least one of the parties is a public authority, we will try, while evoking procedural aspects, procedural means available for someone prejudiced by a public authority, to stress the weight of the procedural rules in guarantying and defending effectively the citizens' rights and legitimate interests.

Keywords: procedural law; administrative acts; civil litigation; Public Ministry (search for similar items in EconPapers)
Date: 2007
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