Some Reflections on the Demarcation between the Notion of Interest, in the Sense of Condition for the Exercise of Legal Action, and the Concept of Legitimate Interest, as Defined by the Law on Administrative Contentious No. 554/2004
Some Reflections on the Demarcation between the Notion of Interest, in the Sense of Condition for the Exercise of Legal Action, and the Concept of Legitimate Interest, as Defined by the Law on Administrative Contentious No. 554/2004

Author(s): Raluca Laura Dornean Păunescu
Subject(s): Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative litigation; subjective right; legitimate interest; justification of an interest;
Summary/Abstract: The present study aims to disseminate the appropriate distinction between subjective right and the legitimate interest in administrative litigation, a topic currently studied in a tangential way, under the aegis of the doctrinal custom of administrative law, as well as the demarcation between the notion of interest, in the sense of the condition for the exercise of legal action, and the concept of legitimate interest, as defined by the Law on Administrative Disputes No. 554/2004. The deepening of the study tends to use various research methods to achieve the proposed research objectives, such as the historical method, as it highlights the analysis of evolution over time, by presenting the legislative regulation, the comparative method, because interdisciplinary aspects are presented, the logical method, which tends to outline a more rigorous legislative exposition, the critical method, in order to present the opposing approaches and opinions supported in the doctrine, as well as the systemic method, which tends to bring scientific research a cardinal importance through contributing aspects of research. The novelty in relation to the existing doctrinal research lies in treating the study of this issue from the perspective of civil procedural law, taking into account the importance of interdisciplinary approach to the subject, meaning that the author understands to make important references about the general condition of exercising an action, respectively the justification of an interest.

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