Competenţa teritorială la examinarea cauzelor civile in ordinea contenciosului administrativ

• Main Authors: Bejenaru Iurie, Corlăteanu Diana
• Format: Article
• Language: English
• Published: National Institute of Justice 2017-07-01
• Series: Revista Institutului Naţional de Justiţie
• Online Access: https://ibn.idsi.md/sites/default/files/imag_file/14_18_Competenta%20teritoriala%20la%20examinarea%20cauzelor%20civile%20in%20ordinea%20contenciosului%20administrativ.pdf

In this article there are analyzed some problematic aspects on territorial competence when examining civil cases in the order of the administrative court. It is revealed that for appealing the administrative acts with normative and individual character through which it is violated a rights of a person, including of a third party, which is recognized by law or claiming that an application on a right which is recognized by law is not settled within the legal term, the plaintiff can submit an application for summons to the court in whose territorial jurisdiction the domicile or the head office of the defendantis. It is also emphasized that according to regulations in force the rule of the alternative competence in the matter of the administrative court is valid only for natural persons. Finally, it is proposed by lege ferenda to be completed the regulatory framework so that the plaintiffs-legal persons could benefit from the rule of alternative jurisdictional competence in civil cases susceptible to be examined in the order of the administrative court.