Partidele politice – între rolul consacrat constituțional și căutarea condiției de „persoană vătămată”, subiect de sesizare a instanței de contencios administrativ
Political parties – between the constitutionally enshrined role and the search for the condition of "injured person", subject of referral to the administrative litigation court

Summary/Abstract: This paper aims to rediscuss the issue of political parties acting as claimants in administrative litigation lawsuits conducted according to Law no. 554/2004. It analyses the provisions of Law no. 554/2004 which define the injured person and the private legitimate interest, as well as the provisions of articles 1 and 2 of Law no. 14/2003, which regulates the scope and functions of political parties, thus invoking doctrinal approaches and relevant case law. It underlines the fact that, through Law no. 554/2004, the lawmaker has maintained the subjective litigation as a general rule and allowed for objective litigation cases as a matter of exception: the Prefect, as the issuing authority of the disputed act, the Public Ministry, the National Agency of Civil Servants. It argues that there are no legal provisions to the effect of allowing political parties – as legal persons of public law – to bring an objective litigation case to court so as to protect public legitimate interests, as the provisions of article 1 para. (8) of Law no. 554/2004 require.

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