THE COURT’S COMPETENCE IN ADDRESSING APPEALS FOR THE DECISIONS OF EXCLUSION FROM POLITICAL PARTIES

Codruţa-Ştefania Jucan and Roxana-Maria Miron

FIAT IUSTITIA, 2019, vol. 13, issue 1, 156-167

Abstract: This paper seeks to analyze the courts’ competence in what concerns the litigation focusing on the exclusion from a political party. Given that the party is and can be assimilated, on the basis of the legal provisions, into a public legal institution, exercising public utility, it is obvious that the texts that it issues, if they have a potential impact in the public sphere in the ways outlined in this article, they shall be administrative documents. In this context, the analysis of such documents cannot be carried out in any other way than contentious administrative litigation by the specialized courts within the Municipal Tribunals. This article aims to draw attention towards case rulings as well, ones that infringe this notion, that we consider to be erroneous and contrary to the legal provisions.

Keywords: exclusion; political party; administrative document; contentious administrative; civil; competent court (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2019
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