PERIMAREA CERERII DE CHEMARE ÎN JUDECATĂ ȘI ÎNTRERUPEREA PRESCRIPȚIEI EXTINCTIVE PRIN FORMULARE UNEI NOI CERERI DE CHEMARE ÎN JUDECATĂ
THE EXPIRATION OF SUMMONS AND THE INTERRUPTION OF EXTINCTIVE PRESCRIPTION BY DRAFTING A NEW SUMMONS REQUEST

Author(s): Marius-Constantin Neagu
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Civil Law, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura Universitară
Keywords: obsolescence; prescription; public procurement; contractual civil liability; case law;
Summary/Abstract: Public safety represents a strong challenge for the structures of the Ministry of Internal Affairs involved in preventing threats and in removing their effects. One of the main action plans is that of public procurement, which, following the completion of the specific procedures, results in the conclusion of administrative contracts between contracting authorities and different economic operators. It has not often happened that, in the execution of administrative contracts, economic operators fail to fulfill their contracted obligations or perform them improperly, requiring the intervention of the court in order to resolve the differences. The purpose of this paper is to analyze the conditions under which the application for a summons operates, as well as to interrupt the limitation of the material right to action by formulating a new request for a summons, in the event that the original application becomes obsolete. The research of the relevant doctrine and jurisprudence will be addressed in this paper first in order to avoid procedural sanctions, and secondly in proposing solutions for the protection of the rights and legitimate interests of contracting authorities, respectively the protection of their budgets, regardless of the source of funding. Finally, a legal error identified in practice will be presented, as well as the legislative solution to avoid it, by reference to the two law institutions mentioned above.

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