Câteva consideraţii cu privire la caracterul facultativ al „jurisdicţiilor speciale administrative”
Some considerations regarding the optional nature of "Special administrative jurisdictions"

Summary/Abstract: Establishing the optional character of administrative jurisdictions by way of an express constitutional rule represents an unusual and inadequate legislative behavior. Unusual because an eminently technique matter – such as the optional character of specialized administrative jurisdictions – should not, normally, be the object of a constitutional rule. Inadequate, for it has forced the ordinary legislator to be extremely prudent while instituting other such jurisdictions and it has even determined him, on some occasions, to expressly qualify certain administrative appeals as being non jurisdictional (within the same statutes instituting them), which, in our opinion, verges on legal logics. Apart from these preliminary observations, however, it is obvious that, in certain situations, individuals cannot avoid specialized administrative jurisdictions; either because an active public administration procedure, initiated by way of a claim, acquires a jurisdictional character as a consequence of a third person’s intervention in the said procedure in order to invalidate it; or because a jurisdictional body of public administration can only be informed by another administrative authority; or, at last, because an individual is interested in hindering an administrative procedure initiated by an administrative body and, in order to accomplish this result, the individual must appeal, according to the law, to the mediation services of such a body.

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