Berceanu, Bogdan (2014): Legal Aspects Regarding the Regulation of the Administrative Process in Romania and Italy. Published in: , Vol. 5, No. Revue Europeenne du Droit Social, Special issue no.5, ISSN 1843-679X (2014)
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Abstract
The institution of administrative disputes is a fundamental institution in any State in which the rule of law is a fundamental principle. It represents the means by which the citizens and other interested part can defend themselves against the government abuses. The aim of the paper is to analyze the way in which the administrative process is regulated in both Italy and Romania and the role which this process is playing in protecting the subjects of law against the abuses of the administration. This research study attempts to provide an answer to a number of main research questions: 1. Which are the systems of administrative disputes and in which of them Italy and Romania can include their own system? 2. How is regulated the process of administrative disputes in Italy and Romania? 3. What are the similarities and differences between the two juridical systems? The study will be mainly qualitative and it will try to identify how the institution of administrative disputes works in Italy and Romania. Trough this paper, academics and practitioners will better understand the way in which the administrative process is working in Italy and Romania and how both analyzed systems adapt their administrative values
Item Type: | MPRA Paper |
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Original Title: | Legal Aspects Regarding the Regulation of the Administrative Process in Romania and Italy |
Language: | English |
Keywords: | administrative disputes, abuses, control, regulation, juridical system. |
Subjects: | K - Law and Economics > K1 - Basic Areas of Law K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K41 - Litigation Process |
Item ID: | 92923 |
Depositing User: | Dr. Bogdan Berceanu |
Date Deposited: | 25 Mar 2019 08:23 |
Last Modified: | 26 Sep 2019 12:49 |
References: | Constitution of Romania (English version), available at: http://www.cdep.ro/pls/dic/site.page?id=371; Constitution of the Italian Republic (English version), available at: https://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf; Law no 554/2004 on Administrative Disputes, with subsequent amendments and completions, published in the Romanian Official Gazette Part I, no. 1154/7 December 2004; Legislative Decree no. 104/2010 regarding The Code of the Administrative Process, published in the Italian Official Gazette, Part I, No. 148/ 7 July 2010; Royal Decree no.10547/ 26 June 1924 regarding the approbations of the Laws on the Council of State, Published in the Official Gazette of the Kingdom of Italy, no. 158/1924; Law No. 241/1990 regarding new rules of the administrative procedure and the right to access to administrative documents, published in the Italian Official Gazette, Part I, No. 192/ 8 August 1990. Alexandru I., Cărăuşan M., Bucur S. (2009), Drept administrativ, 3rd edition, Universul Juridic Publishing House, Bucharest; Apostol Tofan D. (A) (2009), Controlul jurisdicţional asupra administraţiei publice româneşti analiză comparativă cu alte state europene (I), Revista Ştiinţa de drept românesc, year 21 (55), nr. 3, pp. 235–260; Apostol Tofan D. (B) (2009), Drept administrativ, 2nd volume, 2nd edition, C.H. Beck Publishing House, Bucharest; Dragoş D.C. (2002), Procedura contenciosului administrativ, All Beck Publising House, Bucharest; Iorgovan A. (2005), Tratat de drept administrativ, 2nd volume, All Beck Publishing House, Bucharest; Italian Council of State/ Consilio di Stato official website, available at: https://www.giustizia-amministrativa.it/cdsintra/cdsintra/index.html; Manda C.C. (2005), Drept administrativ comparat. Controlul administrativ în spaţiul juridic european, Lumina Lex Publishing House, Bucharest; Parisio V. (2013), The Italian Administrative Procedure Act and Public Authorities' Silence, Hamline Law Review, Vol. 36: Issue. 1, available at: http://digitalcommons.hamline.edu/hlr/vol36/iss1/2; Raiola I. (2010), Il nuovo processo amministrativo: principali novità e disciplina delle notificazioni, Exo Publishing House, Napoli; Romanian Superior Council of Magistracy available at:: http://www.csm1909.ro/csm/index.php?cmd=0&lb=en; Ziller J. (1993), Administrations comparées. Les systèmes politico-administratifs de l’Europe des Douze, Montchrestien Publishing House, Paris |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/92923 |