Foundations of the Solution of Litigations by Means of Administrative Jurisdictions

Mihaela Constantinescu ()
Additional contact information
Mihaela Constantinescu: Ph.D. candidate at the National School for Political and Aministrative Studies, Bucharest, the beneficiary of the „Doctoral Scholarships for a Sustainable Society” project, co-financed by the European Union through the European Social Fund, Sectoral Operational Programme Human Resources and Development 2007-2013”

Buletin Stiintific - Scientific Bulletin, 2012, vol. 21, 263-277

Abstract: This study aims to contribute to the clarification of the concept of administrative jurisdiction, taking into account both the historical elements concerning the appearance and evolution of the courts, and the regulatory provisions applicable to the present. We analyze the provisions of the Constitution and of the Law no. 554/2004 on administrative litigation. Originating in the French legal system, administrative courts have raised considerable theoretical interest, as they tend to be seen, first and foremost, as a form of manifestation of the executive power, exerting control over its own activity. To prevent any violation of the right of access to justice, the Constitution stipulates that “special administrative courts are optional and free”. This study responds to the frequent use of the term to denote authorities that do not have the features of jurisdictions, but rather of administrative monitoring bodies.

Keywords: administrative jurisdiction; jurisdictional authority; Constitution; administrative litigation (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.umk.ro/ro/buletin-stiintific-cercetare/ ... administratives.html (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:lum:rev5rl:v:21:y:2012:i::p:263-277

Access Statistics for this article

More articles in Buletin Stiintific - Scientific Bulletin from Published by Cugetarea and indexed by Lumen Department of Economics on Behalf on Mihail Kogalniceanu University
Bibliographic data for series maintained by Antonio Sandu ().