Legea contenciosului administrativ şi Codul de procedură civilă: câteva posibile situaţii de incompatibilitate
The Administrative Disputes Law and the Civil Procedure Code: situations of incompatibility

Summary/Abstract: According to article 28 of Law no. 554/2004 (the Administrative Disputes Law) it seems that the only impediment to the completion of the Administrative Disputes Law, where there are no specific rules, with the common procedural law, would be the “specifics of the public power relations” between the administration and those administrated. Although, there are some situations that have nothing to do with this specifics. These situations deserve a serious analysis:1. The relationship between article 13 of Law no. 554/2004 and article 204 of Civil Procedure Code: if the public authority had failed to submit the documentation that represents the basis for the contested act, before the first term of the trial, is there a real possibility that the legal action may be completed or modified even after this term?2. The relationship between article 14 and 15 of Law no. 554/2004 and articles 997-1002 of Civil Procedure Code: can it be considered that the preliminary injunction relief is applicable in the matter of administrative disputes?3. The relationship between article 7 paragraph 6 of Law no. 554/2004 and the provisions of the Civil Procedure Code – considering the fact that the last no longer provides the conciliation procedure: is the matter of administrative contracts the only one that requires this unregulated procedure to be followed?

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