Particularităţile sarcinii probei în litigiile de contencios administrativ

Prof. univ. dr. Verginel LOZNEANU

Academia de poliţie "Al.I. Cuza"

Subcomisar de poliţie Ioana-Cătălina MINCĂ

Şef Serviciul Contencios - Direcţia Juridică- Inspectoratul General al Poliţiei Române

ABSTRACT

This article aims to identify the particularities that affect the burden of proof in disputes judged according to the rules governed by the Administrative Litigation Law no. 554/2004, in correspondence with the analysis of the legislator’s will regarding the mentioned institution which, over time, during the civil process, granted the public authorities, in the disputes concerning public officials, an atypical position compared to the civil cases judged adversarially with other categories of employees.

Thus, the article comes to analyze the applicability of the current provisions of art. 12 and art. 13 of the Administrative Litigation Law in comparison with the regulations specific to labor conflicts, as well as the...