THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t) the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.
Authors and Affiliations
ADRIANA ELENA BELU, ANDREEA DIANA PAPA
Keywords
Related Articles
- EP ID EP88424
- DOI -
- Views 150
- Downloads 0
THE EXCLUSION OF ILEGALLY ADMINISTERED EVIDENCE
Both judicial practice and specialized texts have brought up the problem of what the punishment for breaking the legal provisions in the activity of evidence administration is, if a matter of fact had been presented by m...
SOVEREIGNTY – FROM CLASSICAL TO SHARED AND BEYOND. THE CASE OF THE EU FISCAL POLICY
Tax policy in the European Union is a goal difficult to achieve in the context of a community that brings together 28 European countries. This assertion is based on the complexity and the many stages of the European inte...
THE INDONESIAN STOCK MARKET PERFORMANCE DURING ASIAN ECONOMIC CRISIS AND GLOBAL FINANCIAL CRISIS
Volatility in the stock market had strongly affected by the movement of publicly or even inside information. The movements of this information will generate the perspectives and expectations of investors in decision-maki...
THE RECEPTION OF A CONTROVERSIAL PLAY – EVANGHELISTII – IN POST-COMMUNIST ROMANIAN SOCIETY
In this paper we intend to present the reception of the play Evangheliştii [The Evangelists] (published in volume in 1993 and represented on stage in 2005) written by Alina Mungiu Pippidi in post-communist Romanian socie...
UNDERGRADUATE STUDENTS' ATTITUDES TOWARD FACEBOOK USE
Together the Internet and the Web have profoundly affected our life for the past decades. Today, we can use the Web for communication, education, business, entertainment and searching information. In recent years, the us...