Public – Private Arbitration in the Romanian Law

30 Pages Posted: 22 Mar 2018

See all articles by Dacian C. Dragos

Dacian C. Dragos

Babes-Bolyai University

Daniela Cimpean

Babes-Bolyai University - Center for Good Governance Studies

Date Written: December 19, 2017

Abstract

The disputes arising from these administrative actions, as defined by law, cannot be settled through arbitration. The only court that can revoke,entirely or partially, the administrative act, is the Administrative Court resolving the dispute. Thus, the public authority has to issue another administrative act or document, or to perform a certain administrative task. The court has also jurisdiction over the legality of administrative acts or tasks that were the legal basis of the document submitted to the court's attention. Arbitration is possible only in the case of administrative contracts, i.e. in the case of a convention, an agreement based on the parties' will, in which at least one of the parties is a public authority. As long as the jurisdiction over the settlement of disputes arising from unilateral administrative acts belongs exclusively to the national courts and the possibility of setting up an arbitral tribunal arises only in case of administrative contracts, we consider that the use of arbitration does not lead to the violation any democratic principles, on the contrary, it is the expression of a well functioning free and democratic society.

Keywords: administrative law, public-private arbitration, public interest, administrative acts

JEL Classification: K23

Suggested Citation

Dragos, Dacian C. and Cimpean, Daniela, Public – Private Arbitration in the Romanian Law (December 19, 2017). Available at SSRN: https://ssrn.com/abstract=3143446 or http://dx.doi.org/10.2139/ssrn.3143446

Dacian C. Dragos (Contact Author)

Babes-Bolyai University ( email )

71 T. Mosoiu str.
Cluj NApoca, Cluj 400132
Romania
0040264431361 (Phone)
0040264431361 (Fax)

HOME PAGE: http://www.apubb.ro

Daniela Cimpean

Babes-Bolyai University - Center for Good Governance Studies ( email )

Romania

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