Completion of the subjective procedural framework in administrative disputes

Some procedural and substantive law aspects of invoking the invalidity of addenda to the employment contract

Abstract

In administrative litigation, the subjective procedural framework is at the disposal of the plaintiff, but the court has the possibility, taking into account the specific nature of administrative law relationships, to put into question the introduction into the case of other persons who are not parties to the original dispute and without whom the judgment would be ineffective.

The plea of lack of standing to be sued has a different premise, since it concerns the wrong formation of the procedural framework in opposition to the defendant, and not its incomplete formation.

In the case law, Article 161 of Law 554/2004 and Article 78 para. (2) of the Civil Procedure Code in order to save the legal procedural relationship, on the basis of a finding of the wrong constitution of the subjective procedural framework.

Keywords: administrative litigation, subjective procedural framework, completion, bringing other persons into the case, procedural standing.