De la normele dreptului material administrativ la caracterul de ordine publică al normelor privind competența teritorială
From the rules of substantive administrative law to the public policy nature of the rules on territorial jurisdiction

Summary/Abstract: Legal practitioners have accredited the idea that the specifics of substantive administrative law rules are sufficient to include territorial jurisdiction regulation among public order rules. They apply without any nuance a series of criteria for determining the public or private order character of the procedural rules and do not consider a clear standard for determining the territorial competence by reference to the notion of domicile. All these operations cannot take place without a series of essential variations starting from the specifics of administrative law, from the relationship between material law and procedural law. Since the regulation of the territorial competence is not immutable, but, on the contrary, can always find a different regulation from the present one, our study seeks to identify rationales, seeks to substantiate the solutions identified in the current regulation, this in the context in which such an analysis is useful in the context of the adoption of the new Administrative Procedure Code.

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