Political Parties’ Access to Administrative Justice

A decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor,...

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Main Authors: S.-G. Barbu, S.-G. Florecu
Format: Article
Language:English
Published: Transilvania University of Brasov Publishing House 2021-07-01
Series:Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
Subjects:
Online Access:https://webbut.unitbv.ro/index.php/Series_VII/article/view/378/315
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author S.-G. Barbu
S.-G. Florecu
author_facet S.-G. Barbu
S.-G. Florecu
author_sort S.-G. Barbu
collection DOAJ
description A decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor, whose mission is to protect the general interests of the society and to defend the rights and freedoms of the citizens. The political parties are persons under public law. Can a political party act against an authority (most often a political opponent) in order to protect the general interests and to defend the rule of law, as well as the rights and freedoms of the citizens?
format Article
id doaj-art-39b3c76dd2b34578a9e964c60d79e810
institution Kabale University
issn 2066-7701
2971-9410
language English
publishDate 2021-07-01
publisher Transilvania University of Brasov Publishing House
record_format Article
series Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
spelling doaj-art-39b3c76dd2b34578a9e964c60d79e8102024-11-17T13:21:25ZengTransilvania University of Brasov Publishing HouseBulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law2066-77012971-94102021-07-0114(63)1149154https://doi.org/10.31926/but.ssl.2021.14.63.1.15Political Parties’ Access to Administrative JusticeS.-G. Barbu0S.-G. Florecu1Transilvania University of Brasov, RomaniaBucharest Court of Appeal, RomaniaA decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor, whose mission is to protect the general interests of the society and to defend the rights and freedoms of the citizens. The political parties are persons under public law. Can a political party act against an authority (most often a political opponent) in order to protect the general interests and to defend the rule of law, as well as the rights and freedoms of the citizens?https://webbut.unitbv.ro/index.php/Series_VII/article/view/378/315administrative actpolitical partypublic interest
spellingShingle S.-G. Barbu
S.-G. Florecu
Political Parties’ Access to Administrative Justice
Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
administrative act
political party
public interest
title Political Parties’ Access to Administrative Justice
title_full Political Parties’ Access to Administrative Justice
title_fullStr Political Parties’ Access to Administrative Justice
title_full_unstemmed Political Parties’ Access to Administrative Justice
title_short Political Parties’ Access to Administrative Justice
title_sort political parties access to administrative justice
topic administrative act
political party
public interest
url https://webbut.unitbv.ro/index.php/Series_VII/article/view/378/315
work_keys_str_mv AT sgbarbu politicalpartiesaccesstoadministrativejustice
AT sgflorecu politicalpartiesaccesstoadministrativejustice