Types of actions in the administrative dispute of the Republic of Moldova

VARIA

Abstract

The New Administrative Code of the Republic of Moldova, as a framework law that refers to the non-contentious administrative procedure and the contentious procedure, regulates very precisely the types of actions in administrative litigation, depending on the goal pursuit by the plaintiff. The actions in appeal and in obligation refer to administrative acts: in the first case, the plaintiff’s goal is to cancel the unfavorable administrative act, in the second case, to adopt the favorable administrative act. The action in realization refers to real acts and occurs when the plaintiff requests the court to compel the public authority to act, to tolerate the action, or not to act. The action in recognition takes place when the plaintiff requests the recognition of the existence or non-existence of a legal relationship or the nullity of an individual administrative act or an administrative contract. The action in normative control occurs when the plaintiff requests the annulment in whole or in part of a normative administrative act. For each category of actions, the Moldovan legislator has also provided for the way of formulating the operative part of the judgment.

Keywords: administrative procedure, administrative litigation, action in appeal, action in obligation, action in realization, action in recognition, action in normative control.