Est modus in rebus: imperative constituționale aplicabile pentru reglementarea căilor de atac în contenciosului administrativ
Est modus in rebus: constitutional requirements applicable for the regulation of appeals in administrative litigation
Author(s): Constantin PintilieSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: repeal of appeal;administrative litigation;judicial remedies;constitutionality;the right of the person affected by a public authority;
Summary/Abstract: This paper raises the question of whether there are certain constitutional limits that the legislator must respect when regulating in the field of appeals, in the matter of administrative litigation. From the analysis of the relevant constitutional norms and the case-law of the Constitutional Court, the conclusion is that the measure of repealing the right of appeal in this matter must be subjected to a strict test of proportionality.
Journal: AUBD – Forum juridic
- Issue Year: 2024
- Issue No: 1
- Page Range: 70-85
- Page Count: 16
- Language: Romanian
