Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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The Quasi-Contentious Appeal

Ioan Lazar

Abstract


The present study tries to analyze the problematic of the quasi-contentious appeal in the context of the administrative jurisdiction in the positive Romanian law. The special administrative jurisdictions are found in the regulations of Art. 24 para. (1) of the Romanian Constitution, “Special administrative jurisdictions are optional and free”; this allows those involved in the justice act to choose between the Court or the Judgment Court.


The special administrative jurisdiction in financial matter was initially present in the activity of the Romanian Court of Accounts which, however, lost these powers. Currently, according to the author's opinion, the National Council for Claims Settlement is a competent body in this matter; its activity is regulated by the Government Emergency Ordinance no. 34/2006.

As we show in the present work we consider that the procedure to settle the litigation before the Council can be categorized as an administrative-jurisdictional; the body issues administrative-judicial acts to settle the dispute. Also, the appeal filed before the Council presents the characteristics of a quasi-contentious appeal, an appeal before a body having judicial powers.

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