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The Court’S Competence In Addressing Appeals For The Decisions Of Exclusion From Political Parties

Author

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  • Codruţa-Ştefania Jucan
  • Roxana-Maria Miron

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.

Suggested Citation

  • Codruţa-Ştefania Jucan & Roxana-Maria Miron, 2019. "The Court’S Competence In Addressing Appeals For The Decisions Of Exclusion From Political Parties," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 13(1), pages 156-167, May.
    • Handle: RePEc:dcu:journl:v:13:y:2019:i:1:p:156-167
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    More about this item

    Keywords

    exclusion; political party; administrative document; contentious administrative; civil; competent court;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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