Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Belei, ElenaSubject: search.filters.subject.contencios administrativ

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    PARADIGMA PROCEDURII PREALABILE ÎN JUSTIȚIA CIVILĂ NAȚIONALĂ
    (CEP USM, 2024-11-07) Belei, Elena
    The objective of this article is to analyze a variety of the general jurisdiction of the courts, named conditional general jurisdiction, applicable to the common law civil cases and to the administrative litigation cases. In particular, emphasizing the procedural character of administrative legal relations and the natural consecutiveness of the two categories of legal relationes: administrativ law and civil procedural law. The respective procedures – non-contentious and contnetious – form the regulatory object of the 2nd and 3rd Books of the Administrartive Code, namely to emphasize that one is prior to the other. The quasi-judicial character of the preliminary procedure is an exception, valid only if an administrative authority acts as os court of law and is vested by law with jurisdictional powers only for certain categories of disputes.
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    RECONSIDERAREA CONCEPTULUI DE CONFLICT DE COMPETENȚĂ ÎN CAUZELE DE CONTENCIOS ADMINISTRATIV
    (CEP USM, 2024) Belei, Elena
    The objective of this article is to emphasize the fact that in the national legal reality, with different types of procedures regulated by different laws and specialized judges within the same court, there are internal conflicts of jurisdiction conditioned by the substance of the dispute. In particular, we refer to administrative disputes and common law civil disputes in which a public authority is the defendant. Without being able to deny their existence, the concern of the doctrine is to identify the most optimal solutions either as de lege ferenda proposals or as ways to standardize judicial practice. The competence to address internal conflicts of jurisdiction conditioned by the substance of the dispute must be staged according to their complexity: firstly, the judge himself/herself will appreciate his/her own competence, secondly, the president of the court is obliged to rule on the matter, thirdly, the hierarchically superior court must be invested with the competence of addressing internal conflicts of jurisdiction conditioned by the substance of the dispute in order to optimize the duration of the examination, to set up and strengthen the judicial practice regarding this sensitive aspect.