CONSIDERAŢII PRIVIND SOLUŢIONAREA LITIGIILOR PROVENITE DIN EXECUTAREA CONTRACTELOR ADMINISTRATIVE DIN ROMÂNIA ŞI DIN REPUBLICA MOLDOVA
CONSIDERATIONS REGARDING THE RESOLUTION OF DISPUTES ARISING FROM THE EXECUTION OF ADMINISTRATIVE CONTRACTS IN ROMANIA AND THE REPUBLIC OF MOLDOVA

Summary/Abstract: Disputes arising from the execution of administrative contracts should be given greater attention by the social actors involved. The situation created by the pandemic crisis and the war in Ukraine requires from the legislators in Romania and the Republic of Moldova greater attention to the speedy resolution of such disputes in order not to cause unjustified losses. A plausible opportunity to counteract the effects of the current prolonged crises and help to simplify and expedite the resolution of disputes arising from the execution of administrative contracts can be provided by the reanalysis of the legislation in this field. The Republic of Moldova could take advantage of Romanian legislation if it started from the assumption that the theories and principles that govern administrative contracts in Romania are valid for it. In principle, we consider that, in the case of Romania, through the interpretation, harmonization and reconsideration of art.7, Art. 8 para. (2) and para. (3) of the Administrative Litigation Law no. 554/2004, and of art. 131 C. proc. civ, in which we consider that a legislative intervention is required in order to clarify and cancel the negative consequences for the private entrepreneur, part of an administrative contract, following the procedural defect of not invoking, ex officio, by the court, at the first term, of functional material competence. After such an approach, the legislature of the Republic of Moldova could also be inspired, and could improve and harmonize the provisions of the Administrative Litigation Law no. 793 of 10.02.2000. Anyway, in the Republic of Moldova, by virtue of its status as a candidate country for the EU, many legislative harmonizations will take place, and Romania's experience would be helpful.

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