Importanţa procedurii prealabile în litigiile de contencios administrativ derulate conform Noului Cod de Procedură Civilă

Abstract

The New Civil Procedure Code brings forward major changes regarding the carrying-out of the civil trial, reestablishing the active role of the judge and, simultaneously, increasing the role of the claimant/ defendant and implicitly, that of the barrister. Thus, although the preliminary procedure remains mandatory in the field of the contentious-administrative, the exception of procedure by which this aspect is invoked must be formulated in extremely restrictive conditions that will be presented in the present article.