Observații critice pe marginea Legii nr. 212/2018 pentru modificarea și completarea Legii contenciosului administrativ nr. 554/2004 și a altor acte normative
Critical observations about the Law No 212/2018 amending and supplementing the Law on administrative disputes No 554/2004 and other normative acts

Summary/Abstract: In this study, the authors express a critical opinion referring to the content of the Law No 212/2018 amending and supplementing the Law on administrative disputes No 554/2004 and other normative acts. The amendment of the Law No 554/2004 was determined by the overcrowding of the administrative disputes courts with such litigations and, hence, the need to rethink the provisions of the framework-law in the matter, especially as regards the competence and some procedural aspects. However, the analysis carried out showed that between the objectives assumed by the author of the Law No 212/2018 and the final result, namely the actual content of this new regulation, there is no compatibility and harmony. Many of the provisions of the new law are matters of drafting or of legislative technique, which does not affect the content of the normative act and does not meet the alleged need to rationalize the settlement of these litigations. Secondly, the study emphasizes the lack of foundation of some of the solutions promoted by the Law No 212/2018 and has regard, in particular, to the manner in which the litigations concerning the administrative contracts will be settled in the future. Thus, according to the Law No 212/2018, the litigations regarding the performance of these contracts will be settled by the ordinary courts, and the other litigations, which concern the conclusion, amendment and cessation of the administrative contracts, will be settled by the administrative disputes courts. The authors draw attention to the fact that this new regulation will create disturbances in practice, because litigious situations may arise that will equally concern both an amendment of the contract and the performance thereof. How will such cases be solved?The conclusion of the study is that, without denying some positive aspects which the authors objectively emphasize, the new regulations introduced by the Law No 212/2018 do not satisfy the objectives assumed by the legislator and, especially, the need for a coherent normative framework appropriate to the exigences involved by this important institution of the state of law, which is the administrative disputes.

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