Constanta Court of Appeal, Civil I Chamber, Decision no. 27 dated 20 of August 2014 (Case Law Study) Cover Image
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Curtea de Apel Constanţa, Secţia I civilă, sentinţa civilă nr. 27 din 20 august 2014 (Studiu de Caz)
Constanta Court of Appeal, Civil I Chamber, Decision no. 27 dated 20 of August 2014 (Case Law Study)

Author(s): Anca Niță
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: negative conflict of jurisdiction; administrative court

Summary/Abstract: The decisive criteria for the demarcation of the Administrative Litigation Court’s jurisdiction in relation to Common Law Courts, is the judicial nature of the legal report subjected to trial. An application for summons with a purely patrimonial subject cannot be accepted, if it was not preceded by an application for annulment of an administrative action or for stating the unjustified refusal of the defendants to settle an application within the legal period of time.The jurisdiction for settling the litigations emerging from the administrative actions issued by the local and central public authorities regarding the grant of social care benefits and the provision of social services, lies on the Administrative Litigation Court, and only the applications formulated by the beneficiary of the social service who considers he was wronged by the delivery mode of the social services, as per the clauses of the social services delivery contract, are in the jurisdiction of „any other court”

  • Issue Year: 2014
  • Issue No: 11
  • Page Range: 635-639
  • Page Count: 5
  • Language: Romanian