Interesul în litigiile de contencios administrativ. Dihotomia „interes legitim privat – interes legitim public”. Distincţia „interes public – interes general”
The interest in the administrative disputes. The dichotomy between the private legitimate interest and the legitimate public interest. The distinction “public interest – general interest
Author(s): Răzvan NănescuSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: private legitimate interest; legitimate public interest; general interest; acquired rights theory; the theory of right that may be acquired
Summary/Abstract: The article invites the reader to an insight related to the legal scholar arguments and the relevant case law on the concept of “interest” as being part of the civil procedure law or administrative law. The article is based on (i) the analysis of the concept and its doctrinal evolution by reference to the various Romanian administration laws, (ii) the difference between the concept of “interest” in administrative law and in the civil procedure law, (iii) the differences between the opinions of the French legal authors and of the Romanian legal authors arising from the differences of the legal systems, (iv) the interpretation errors in using in the Romanian legal system the “French” meanings of such concept, (v) the current errors in using the old meanings of such concept which are not in line with the current legislation, as well as (vi) specific problems encountered in practice.
Journal: Curierul judiciar
- Issue Year: 2016
- Issue No: 09
- Page Range: 466-474
- Page Count: 9
- Language: Romanian
- Content File-PDF
