Public Interest, Mandatory Condition for Access to Courts, According to Article 8 of Law No. 554/2004 of the Contentious Administrative: Analysis from the Perspective of Article 6 of the European Convention on Human Rights and of Article 52 of the Romanian Constitution

Annals Magazine of Titu Maiorescu University, June 2012

Posted: 6 Jul 2013

See all articles by Mihaela Constantinescu

Mihaela Constantinescu

National School of Political and Administrative Studies

Date Written: June 7, 2012

Abstract

Having in view the distinct provision of access to justice for people invoking a public interest, towards people invoking a private interest, the present paper proposes to answer the following questions: To what extent the conditions imposed for disproof of the administrative document, as a result of breach of public interest do not represent a limitation brought to the right to apply to the courts? If provisions of art. 8 in Law no. 554/2004 of the contentious administrative circumscribe provisions of art. 6 of the European Convention on Human Rights? Are the means of protecting public interest, stipulated by art. 8 paragraph 11 of Law no. 554/2004 really efficient and do they reach their goal or is it necessary a re-thinking of them in such a way not only an appearance of possibility of disproof of documents that breach the public interest? The answers to all these questions come from analysis both of the internal and communitary normative acts and of courts and Constitutional Court jurisprudence. We mainly follow the correspondence of the provisions of art. 8 in Law no. 554/2004 with those in art. 6 of the European Convention on Human Rights and those of art. 52 in the Romanian Constitution.

Keywords: administrative, public interest, private interest, Law no. 554/2004

JEL Classification: K49

Suggested Citation

Constantinescu, Mihaela, Public Interest, Mandatory Condition for Access to Courts, According to Article 8 of Law No. 554/2004 of the Contentious Administrative: Analysis from the Perspective of Article 6 of the European Convention on Human Rights and of Article 52 of the Romanian Constitution (June 7, 2012). Annals Magazine of Titu Maiorescu University, June 2012. Available at SSRN: https://ssrn.com/abstract=2290493

Mihaela Constantinescu (Contact Author)

National School of Political and Administrative Studies ( email )

Povernei Street, No 6
Sector 1
Bucharest, Bucharest
Romania

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