Unele aspecte specifice ale acțiunii în despăgubiri pentru pagubele cauzate prin actele administrative de autoritate nelegale
Some specific aspects of the action for compensation for the damages caused by unlawful administrative acts of authority
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: unlawful administrative acts of authority; action for annulment; action for compensation; accessoriality relation; jurisdiction of administrative courts.
Summary/Abstract: The author analyses some specific features of the claim for compensation brought by private persons injured by unlawful administrative acts of authority or by public authorities’ refusal to solve claims concerning rights and legitimate interests of citizens. The claim for compensation has an accessory and subsidiary character in relation to the main claim for the annulment of the administrative act of authority, the repair of the damage being conditioned by the annulment of the act or by the obligation of the public authority to solve the claim of the private person. The study points out that the accessoriality relationship between the claim for compensation and the main claim bears consequences with regard to the jurisdiction of administrative courts.
- Issue Year: 2014
- Issue No: 01
- Page Range: 123-142
- Page Count: 20
- Language: Romanian