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Subjective Right and the Legitimate Interest in the Romanian Administrative Law

Keywords: contentious , subjective right , legitimate interest , public authority , administrative act

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Abstract:

Regulating the administrative contentious represents the expression of the particular concern of the society to strengthen the legal protection of all individuals when it is in the position to “confront” a public authority. This paper examines, briefly, one of the special conditions of direct action in the administrative contentious, that is the condition referring to invoking by the claimant of its harm in a subjective right or in a legitimate interest. In this respect, the research of the two concepts - subjective right and legitimate interest - will have a starting point the presentation of various opinions from specialists in other branches of law, such as general theory of law and civil law. Based on analysis, observation and case study, benefiting from a rich and diverse literature, we highlighted the changes that have intervened in the Romanian law, which determined that the legitimate interests would be placed on equal footing with individual rights, especially since the jurisprudence tends to focus on the harm of the person and less on whether the damage was brought to its subjective right or legitimate interest.

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