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2015 Acta U. Danubius Jur. 5 (2015)

handle is hein.journals/actdaj2015 and id is 1 raw text is: JURIDICA Public Law The Settlement of Litigations Arising from the Interpretation and Enforcement of Administrative Contracts Vasilica NEGRUT Abstract: Regarded nowadays as an instrument of strategy implementation of government policy and establishment mechanism of public administration, the administrative contract raises many debates on its applicable regime, but also on the jurisdiction, to solve litigations arising from their interpretation and execution. In this paper we proposed that, based on the analysis of the laws in force, doctrine, jurisprudence, and previous research results related to the subject, using the comparative method, to clarify the mentioned issues. The conclusions of this paper will strengthen the practice on the referral of courts competent to solve litigations arising from the implementation of the administrative contracts in the context where the administrative contract has profound implications in the administrative, economic and social field. Keywords: administrative contract; legal status; administrative contentious; litigation 1. Preliminary Aspects A controversial legal institution in the administrative doctrine (Iovanay, 1997, p. 74), the administrative contract is currently regarded as a tool for achieving governance strategy with an essential role in the reconciliation between public law and private law, recreating the unity of the law (Sararu, 2009, p. 11). In the French legal literature (Laubaddre, 1956, p. 307) it can be noted that the identification of the administrative contracts, the legal practice has taken onto consideration two aspects: exorbitant clauses (derogation of the common law) and the direct participation of contractors to achieve the same public services. The quoted author defines the administrative contract using two alternative criteria. 1 Professor, PhD, Dean of Faculty of Law, Danubius University of Galati, Romania. Address: 3 Galati Boulevard, 800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author: vasilicanegrut@univ-danubius.ro AUDJ, vol. 11, no. 1/2015, pp. 5-12 5

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