CONSIDERATIONS REGARDING THE OBJECT OF THE JUDICIAL ACTION IN ORDER TO RESOLVE DISPUTES ARISING FROM EXECUTION OF ADMINISTRATIVE CONTRACTS

Abstract

Disputes arising from the execution of administrative contracts constitute a continuous challenge to the social actors involved. The Republic of Moldova could take advantage of Romanian legislation if it started from the assumption that the theories and principles that govern administrative contracts in Romania are valid for it. In the case of Romania, the reconsideration of art. 8 para. (2) of the Administrative Litigation Law no. 554/2004 which requires a legislative intervention in order to cancel the negative consequences for the private entrepreneur, part of an administrative contract, as a result of the procedural defect of not invoking, ex officio, by the court, at the first term, of functional material competence. After such an approach, the legislature of the Republic of Moldova could also be inspired, and could improve and harmonize the provisions of the Administrative Litigation Law no. 793 of 10.02.2000 and the Administrative Code no. 116/2018. Anyway, in The Republic of Moldova, by virtue of its status as a candidate country for the EU, many legislative harmonizations will take place, and Romania’s experience would help.

Keywords

• administrative contract
• administrative dispute
• law enforcement professionals
• conflict
• conciliation
• litigation
• commercial mediation.