THE REPRESENTATION OF THE ADMINISTRATIVE AND TERRITORIAL DIVISIONS BEFORE THE COURT OF LAW

Abstract

The appropriate establishment of the local authority entitled to have the capacity of legal representative before the courts of law, when an administrative and territorial division is party to a case, raised many problems within the judicial practice. Not often, the motion to dismiss on grounds of lack of passive legal standing of the administrative and territorial divisions in the capacity of defendant in a dispute, was claimed or substantiated. This is why, this study aims to determine, in terms of the legislation in force, the local government authorities which are entitled to have the capacity of legal representative of the administrative and territorial divisions within a contentious administrative dispute. In order to emphasize the importance of the appropriate construction of the legal texts which regulate the subject in question, in the end of this study, we will expose a selection of case studies of the national case law.

Keywords

• Constitution
• local government authorities
• the motion to dismiss on grounds of lack of passive legal standing
• contentious administrative
• the Constitutional Court of Romania.