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Some Considerations Regarding the Application for Damages Formed Under art. 19 of Law no. 554/2004

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  • Liana-Teodora Pascariu

    (Associate professor, Phd, Stefan cel Mare University, Suceava, Romania)

Abstract

Considering the specific nature of the claims in the matter of the administrative litigation, an action aimed at damages can only be considered as an accessory request for an action regarding the legality of an administrative act, whether it is typical or assimilated, in this respect the provisions of art. 8 paragraph (1) in conjunction with art. 18 paragraphs (1) and (3) of Law no. 554/2004, as the High Court rules in a case having as its object a negative conflict of jurisdiction [1]. The present article analyzes the hypothesis of the refusal of the local public authority to issue a document necessary to complete the file for obtaining the subsidies from APIA, in the light of obtaining compensation from the public authority that refused to issue the act. The interest here is the need to formulate the main action, the possibility of claiming damages separately, the competent court, the analysis of the application formulation term, the analysis of the cumulative conditions required for admitting the action.

Suggested Citation

  • Liana-Teodora Pascariu, 2020. "Some Considerations Regarding the Application for Damages Formed Under art. 19 of Law no. 554/2004," European Journal of Law and Public Administration, Editura LUMEN, vol. 7(1), pages 136-143, July.
    • Handle: RePEc:lum:ejlpa1:v:7:y:2020:i:1:p:136-143
    DOI: https://doi.org/10.18662/eljpa/7.1/121
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    More about this item

    Keywords

    Administrative litigation; claim for damages; term; conditions;
    All these keywords.

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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