Admissibility of the impleader before the administrative court

DREPT ADMINISTRATIV ŞI FISCAL

Abstract

In order to be admissible in the administrative matter, the application for impleader should be based on a legal relationship of administrative law, within the scope of public administration and which is subject to the rules of administrative law. However, the legal relationship between the mayor and the territorial administrative unit shall not fall within the applicability of the rules of administrative law, as the High Court of Cassation and Justice stated in Decision no. 16/2016, delivered in the appeal in the interest of the law, published in the Official Journal no. 110/09.02.2017, being a legal employment relationship. The High Court showed that “the legal relationships between the mayor/deputy mayor and the territorial administrative unit shall not fall within the applicability of the provisions of Law no. 554/2004, indicated in the document instituting the proceedings, except art. 19 and the provisions of the special laws in the matter”. This 
legal action is outside the scope of the provisions of art. 19 of Law no. 554/2004 and the provisions of art. 16 of the same legislative act, and no other special provisions shall be applicable, which should entail the applicability of Law no. 554/2004 on the claims 
requested by the motion to intervene forced, filed by the territorial administrative unit. As such, between the territorial administrative unit sued and the impleaded there is no legal security or compensation relationship of administrative law, but a legal employment relationship, which cannot be brought before the court in an action brought before the administrative court, not complying with its specificity.