Subject-matter jurisdiction in the claims filed against the legal entities of public law
DEZBATERI
Abstract
In the subject-matter jurisdiction in the claims filed against a legal entity of public law, two different legislative provisions are applicable: on the one hand, art. 10 para. (3) of the administrative law, which currently sets forth an exclusive subject-matter jurisdiction, and on the other hand, Article 111 of the Code of Civil Procedure, governing an alternative subject-matter jurisdiction.
Considering that prior to Law no. 212/2018 both the administrative law and the Code of Civil Procedure were governing in a similar way, an alternative subject-matter
jurisdiction, the question arises whether those two rules, in their current form, may coexist or the amendment of the provision of the Code of Civil Procedure is amended in the sense of its harmonization with Art. 10 para. (3) of Law no. 554/2004.