EIRP Proceedings, Vol 11 (2016)

Abstract

The Constitution of Romania revised in 2003 establishes the free and voluntary nature of the special administrative jurisdictions, a fact which allows the party concerned to address either the administrative-judicial body or directly the court. If they opted for the administrative-judicial way, it must be followed to the end, then, under the terms established by the law, the party may address the court, under the right of access to justice provided by article 21 of the constitution.

The administrative jurisdiction is an activity of solving an administrative litigation by specific procedural rules of judicial procedure, based on the principle of the independence, of insuring the right to defense and the administrative-jurisdictional independence activity, which results in a jurisdictional administrative act.

In order to achieve the objectives of the paper, namely to highlight the essential elements of the resolution of litigation according to special administrative jurisdictions, we have achieved an analysis of the legislative acts referring to this activity, of the doctrine and jurisprudence.

After examination and empirical research, the paper summarizes and specifies the general conclusions on the role and importance of special administrative courts.