Procedura prealabilă în contenciosul administrativ: reflecții de ordin teoretico-practic cu referire la Republica Moldova//Preliminary procedure in the administrative litigation of the Republic of Moldova: theoretical-practical reflections

Abstract

Any person claiming that his or her right has been infringed by the administrative activity of a public authority may bring an administrative action. The general rule in administrative disputes is that, in order to be able to bring an action before the court, a person claiming infringement of his right through the administrative activity of a public authority (the plaintiff) must provide proof that the requirements of the law have been met and that the prior procedure has been followed, i.e. he must first apply to the issuing or higher authority and, if the latter refuses, i.e. after the administrative act has been upheld, he may apply directly to the court. Failure to comply with this rule results in the action being declared inadmissible.

Keywords

• administrative dispute
• administrative act
• public authority
• prior request
• prior procedure