Raportul dintre dreptul comun și regulile procedurale specifice în materia contenciosului administrativ: privire specială asupra recursului
The relationship between common law and specific procedural rules in administrative litigation: special approach of the second appeal

Summary/Abstract: This study aims at examining the relationship between the Code of Civil Procedure and the relevant regulatory framework, from the perspective of procedural rules, which govern the disputes settlement of administrative contentious. The rules of procedure that apply to disputes of administrative contentious are governed, on the one hand, by the Law on Administrative Contentious, and on the other hand, by the Code of Civil Procedure, which represent common law in the matter and for administrative contentious, according to the rule of law, reference from art. 28 of Law no. 554/2004 of the Administrative Contentious. This study aims at clarifying the relationship between common law and the procedural rules specific to administrative contentious or, in other words, the limits of the intervention of the Code of Civil Procedure in matters of administrative contentious.

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