Competenţa în materia răspunderii patrimoniale a administraţiei publice pentru acte administrative unilaterale nelegale – acţiunea în despăgubiri formulată pe cale separată
Jurisdiction over the patrimonial liability of the public administration for illegal unilateral administrative acts – damages actions separately lodged

Summary/Abstract: The present endeavor aims to clarify which court is competent to judge a separate claim for damages caused by illegal unilateral administrative acts. For this purpose, the article draws the configuration of the claim for damages, but also analyses the special condition of admissibility of this action, imposed by art. 19 of the Law no. 554/2004. The author deals with the justification behind the condition of admissibility and its application in some particular cases that could lead to violations of the right of access to justice. Finally, the article contains a critical analysis of the opinions expressed in recent case law and scholarly writings regarding the competent court to judge the claim for damages and proposes a possible solution.

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