Reflecții asupra legitimării procesuale active în cadrul contenciosului administrativ subiectiv
Reflections on active legal standing in subjective administrative litigation

Summary/Abstract: The aim of this study is to provide an in-depth and objective comparative analysis of legal provisions, doctrine and case-law on legal standing in subjective administrative contentious under the provisions of Law no. 554/2004 on administrative litigation. The study examines the importance of the concept of injury of subjective right or legitimate interest in the field of legal standing in the judicial review of administrative action under the provisions of Law no. 554/2004 on administrative litigation. Also the study provides a solid argumentation against the influence of the concept of legal standing from civil procedure and overviews the particularities of locus standi under the provisions of Law no. 554/2004 on administrative litigation derived from the concept of injury of subjective right or legitimate interest. In this context are presented the structural differences between the legal standing in civil procedure and in the subjective administrative contentious under the provisions of Law no. 554/2004 on administrative litigation which prevale and reject the application of provisions of Article 36 of Code of Civil Procedure. This study also aims at clarifying the relationship between common law and the procedural rules specific to administrative contentious on the matter of legal standing in administrative litigation in reference to Article 28 of Law no. 554/2004 on administrative litigation.

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