Territorial competence when examining civil cases in the order of the administrative context
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 41, Issue 2
Abstract
In this article there are analyzed some problematic aspects on territorial competence when examining civil cases in the order of the administrative court. It is revealed that for appealing the administrative acts with normative and individual character through which it is violated a rights of a person, including of a third party, which is recognized by law or claiming that an application on a right which is recognized by law is not settled within the legal term, the plaintiff can submit an application for summons to the court in whose territorial jurisdiction the domicile or the head office of the defendantis. It is also emphasized that according to regulations in force the rule of the alternative competence in the matter of the administrative court is valid only for natural persons. Finally, it is proposed by lege ferenda to be completed the regulatory framework so that the plaintiffs-legal persons could benefit from the rule of alternative jurisdictional competence in civil cases susceptible to be examined in the order of the administrative court.
Authors and Affiliations
Iurie Bejenaru, Diana Corlăteanu
Importance and usefulness of separate opinion exposed on giving judgment
In this article, making a synthesis of judicial practice based on documentary material accumulated through my professional activity, we wanted to open a scientific discussion on the importance and usefulness of separate...
CAN THE MEANS OF TRANSPORT USED FOR THE ILLEGAL TRANSPORTATION OF GOODS ACROSS THE CUSTOMS BORDER BE CONFISCATED?
In this article the author attempts to answer the question with which it begins: can the means of transport used for the illegal transportation of goods across the customs border be confiscated? In principle, confiscatio...
The recognition and the effects of the decision authorising adoption in private international law
The realization of any kind of international adoption is conditioned by the existence of a institutionalized structure of international cooperation in the field of international adoption. The adoption can be considered f...
Co-report between the insured case and insured risk
Contemporary society is constantly confronted with an extraordinary diversity of risks: natural risks, occupational risks, health risks, environmental hazards that have negative effects on future generations, etc., whose...
Confrontation clause
The Sixth Amendment to the United States Constitution enumerates a cluster of rights granted to criminal defendants and is designed to make criminal prosecutions more accurate, fair, and legitimate. The Confrontation Cl...