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Foundations of the Solution of Litigations by Means of Administrative Jurisdictions

Author

Listed:
  • 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”)

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.

Suggested Citation

  • Mihaela Constantinescu, 2012. "Foundations of the Solution of Litigations by Means of Administrative Jurisdictions," Buletin Stiintific - Scientific Bulletin, Published by Cugetarea and indexed by Lumen Department of Economics on Behalf on Mihail Kogalniceanu University, vol. 21, pages 263-277.
  • Handle: RePEc:lum:rev5rl:v:21:y:2012:i::p:263-277
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    More about this item

    Keywords

    administrative jurisdiction; jurisdictional authority; Constitution; administrative litigation;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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