Challenges of the Knowledge Society (May 2019)
RECENT ADMINISTRATIVE CHANGES OF THE ADMINISTRATIVE LITIGATIONS LAW NO. 554/2004
Abstract
The common law instances or the administrative instantces competence over the litigations that have administrative contracts as object have been the subject of many doctrinary disputes but not only, the legislation being inconsistant over more than 25 years, from 1990-now. The recent modification of the administrative litigation law no. 554/2004 shed light over many aspects regarding the litigations that have administrative acts considered illegal as objects but also over the instance’s competence to solve litigations regarding administrative contracts. The increase of the limit that determines the material competence of the administrative and fiscal litigation from tribunals and Courts of Appeal to solve administrative litigations from 1.000.000 to 3.000.000 lei but also the elimination of the filtre procedure for the recourse that the High Court of Cassation and Justice has competence over are only some of the legislative modifications that we are going to present in the curent study. The current study’s object is, on one hand to inventory the most important legislative modifications brought to administrative litigation and, on the other hand to confirm the fact that the legislator has taken into account the doctrine and jurisprudence to modify the legislation, being a well known fact that the administrative law domain was many years in the situation in which the law was left behind the society’s evolution, not having a codification, like there is in civil or criminal law.
