O SITUAŢIE PROCEDURALĂ ATIPICĂ ÎN CEEA CE PRIVEŞTE CONEXAREA ŞI DISJUNGEREA ULTERIOARĂ A DOUĂ CAUZE, DINTRE CARE UNA CIVILĂ ŞI UNA DE CONTENCIOS ADMINISTRATIV
AN ATYPICAL PROCEDURAL SITUATION AS REGARDS THEJOINDER AND SUBSEQUENT DISJUNCTION OF TWO CASES, ONE CIVIL AND ONE ADMINISTRATIVE CONTENTIOUS CASE

Summary/Abstract: Connectedness, as conceived by the romanian legislator, assumes the existence of two or more disputes between the same parties or together with others and that there is a close connection in terms of their object and cause. It is true that the text does not distinguish, nor should it do so, in relation to the legal nature of processes that can be connected and, conversely, which could not involve such a procedural operation. Thus, it appears necessary and defining to qualify the legal nature of each of the causes in order to establish whether the admission of the exception of connection is firstly legally possible – for example, with respect to the specialization of a panel of judges or a section within the court – and secondly whether the measure is necessary and appropriate for their unitary resolution. However, if the nature of the disputes is different, there is a possibility that the solution of joining the processes will not benefit either the parties or the act of justice, causing, for example, delays incompatible with some disputes, administration of complex evidence compared to the typical of other processes, difficulties in terms of enforcement and, consequently, the purpose of joining the processes will be diverted from the purpose for which it was designed. Therefore, although administrative litigation is part of the broad scope of the notion of civil process - lato sensu - and is subject to the rules of civil procedure, the operation of connecting litigation in this matter with any other matter in the field of civil law must represent the essence of an in-depth analysis, given the legal implications that will follow the joining of the processes.

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