Terms in tandem in the administrative contentious – peaceful cohabitation or continuous process of divorce? Cover Image
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Termene în tandem în contenciosul administrativ - între coabitare şi divorţ
Terms in tandem in the administrative contentious – peaceful cohabitation or continuous process of divorce?

Author(s): Ovidiu Podaru
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: administrative contentious; terms; prescription; decadence; damages

Summary/Abstract: In the administrative contentious there are a few terms which are conceived in pairs. We have named them “terms in tandem”. Some of these pairs are easily identifiable: those which are set out by article 7, in order to fulfill the preliminary administrative procedure (the 30 days term and the „maximal” one – the term of one year), or those who are set out by article 11, for registering a claim to the administrative contentious court (the 6 months term and, again, the ”maximal” one - another term of one year). Others are more difficult to disclose, being set out by different articles of the Contentious Administrative Law no. 554/2004 (for instance the prescription term for damages determined by article 11 of the Law placed face to face with the one set up, for the same goal, of article 19), or even by different regulations (the 6 months prescription term set out by the Contentious Administrative Law versus the 3 years term of prescription, regulated by the Civil Code). The aim of the present study is to determine the precise correlation between these terms ”in tandem”: do they apply together, lapsing (at least partially) side by side or, on the contrary, the appliance of one of them excludes de plano the lapse of the other one? Are they, therefore, in a peaceful cohabitation or, on the contrary, in a continuous process of divorce?

  • Issue Year: 2014
  • Issue No: 03
  • Page Range: 151-158
  • Page Count: 8
  • Language: Romanian