CAZURILE DE INADMISIBILITATE A ACŢIUNII ÎN CONTENCIOS ADMINISTRATIV PRIN PRISMA LEGISLAŢIEI REPUBLICII MOLDOVA
CASES OF INADMISSIBILITY OF THE ACTION IN ADMINISTRATIVE DISPUTE UNDER THE LEGISLATION OF THE REPUBLIC OF MOLDOVA
Author(s): Eduard Boisteanu, Dumitru DumitraşcuSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Administrative Law
Published by: Universul Juridic
Keywords: administrative action; civil action; administrative act; right to fair trail; procedural guarantees; principle of legal certainty; inadmissibility of the action;
Summary/Abstract: If an administrative activity violates a right or a freedom established by law, this right can be claimed through an action in administrative procedures. The right of action in administrative procedure is not an absolute right, for its exercise being imposed certain premises and conditions. The admissibility of an action in administrative proceedings depends on whether the plaintiff complied with those premises and conditions for the exercise of the right of action. If the plaintiff does not comply with them, then the administrative action will be declared inadmissible and the court will not examine the case. In this article we examine the premises and conditions for the exercise of the action in administrative proceeding, also we establish the cases in which the administrative action is inadmissible.
Journal: Universul Juridic
- Issue Year: 2022
- Issue No: 09
- Page Range: 18-31
- Page Count: 14
- Language: Romanian