Administrative Disputes. Bringing another person into the case when the legal relationship at issue requires it and the parties to the dispute request or agree to such a change in the procedural framework.

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

In an administrative dispute, the principles of civil procedure being applicable, according to Article 28 of Law No 554/2004, the court must play an active role and respect adversarial and availability when the parties request or agree to the introduction of another person in the case.

In this regard, in view of the special provisions of Article 161 of Law 554/2004, the court is obliged to question the issue of the introduction of the case and to order accordingly, otherwise the principle of the active role and the principle of adversarial proceedings, fundamental principles of the civil process, the failure of which entails the sanction of nullity, are violated.