FONDEMENTS DE LA SOLUTION DES LITIGES PAR L’INTERMÉDIAIRE DES JURIDICTIONS ADMINISTRATIVES
FONDEMENTS DE LA SOLUTION DES LITIGES PAR L’INTERMÉDIAIRE DES JURIDICTIONS ADMINISTRATIVES

Summary/Abstract: This study aims to contribute to the clarification of the concept of administrative jurisdiction, taking into account both the historical elements concerning the appearance and evolution of the courts, and the regulatory provisions applicable to the present. We analyze the provisions of the Constitution and of the Law no. 554/2004 on administrative litigation. Originating in the French legal system, administrative courts have raised considerable theoretical interest, as they tend to be seen, first and foremost, as a form of manifestation of the executive power, exerting control over its own activity. To prevent any violation of the right of access to justice, the Constitution stipulates that “special administrative courts are optional and free”. This study responds to the frequent use of the term to denote authorities that do not have the features of jurisdictions, but rather of administrative monitoring bodies.

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