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- Title
Ofensiva instanțelor de contencios administrativ. Controlul de legalitate a hotărârilor adoptate de Plenul Curții Constituționale în materie jurisdicțională.
- Authors
BONIFATE, Tudor-Nicolae; TOMA, Alin-Constantin
- Abstract
On the 22nd of July 2017, the Plenum of the Constitutional Court adopted Decision n° 1/2017. Surprising by nature and controversial through content, the act in question was, and still is, the object of multiple lawsuits in front of courts, who were forced to quickly adapt to a new administrative contentious paradigm. Two things are certain: the records are no longer useful, and traditional theories of the national doctrine need to be revitalized in order to correspond to current realities. In this present study, we aim to carry out an exhaustive analysis of the matter in question, based on two aspects: returning to the forefront the administrative actjurisdictional act distinction, respectively the capitalizing on European jurisprudence (which is often avant-garde) in relation to constitutional procedures (mostly rigid). As for the conclusions we shall reach, only time will be able to confirm or refute them, but we believe that they can constitute a solid starting point for any future analysis of legal acts belonging to those public authorities foreign to the traditional executive.
- Subjects
EUROPEAN Court of Human Rights; CONSTITUTIONAL courts; ADMINISTRATIVE acts; LEGAL judgments; JURISPRUDENCE; COURTS; SURPRISE
- Publication
Public Law Review / Revista de Drept Public, 2021, Issue 1/2, p284
- ISSN
1224-4872
- Publication type
Article