Dreptul la acţiune în contenciosul (propriu-zis al) contractelor administrative
Right to action in (actual) administrative contract disputes

Summary/Abstract: The administrative proceedings concerning administrative contracts cover a multitude of (judicial) actions, to which the interested person may resort, under the provisions of Law no. 101/2016, of Law no. 554/2004, but also under those of the Civil Code or the Civil Procedure Code. The recent developments that both Law no. 101/2016 and Law no. 554/2004 have been subject to, require a minimal systematization effort from the jurists and a comparative analysis of the legal regime of the actions regulated by them, which significantly differ. Applications seeking the annulment of an administrative contract, on the one hand, and the termination of such a contract, on the other hand, have a completely different legal status, the legislator having operated a genuine division in between the competence of the specialized administrative courts and that of the common civil courts. This procedural reorientation could not have been indifferent to the reconfiguration of the litigations regarding administrative contracts. Therefore, considering these relatively new normative realities, we have written this modest study focused on the right of action within this kind of administrative proceedings, which differ fundamentally from those regarding unilateral administrative acts.

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