Recurs vs apel în contencios administrativ. Tradiţie vs avantaje

Conf. univ. dr. Mircea Ursuţa

Facultatea de Drept, Universitatea din Oradea

Avocat, Baroul Bihor

Second appeal vs. appeal in administrative proceedings. Tradition vs advantages

Abstract

The aim of this material is to trigger a real doctrinal debate on which means of challenge in the current system of civil procedure best "fits" the specificities of administrative litigation.

After a brief history of the means of challenge in administrative litigation, the advantages vs. disadvantages of the appeal are analyzed, as opposed to the second appeal which is today the only means of challenge in administrative litigation.

The conclusion is that the appeal is much better suited to the specifics of administrative litigation, having only advantages over the second appeal, especially since the "traditional" appeal in administrative litigation was completely different from the current second appeal in civil procedure, a truly extraordinary...