Year: 2026
Type: article
Abstract: We propose to undertake an analysis of the provisions of the Administrative Code of the Republic of Moldova concerning the ex officio prerogatives of the judge specialized in administrative litigation and, implicitly, the limits of judicial review, as correlated with the obligation to ensure the effective protection of litigants' rights. Accordingly, we seek to clarify the extent to which the role of a judge specialized in administrative contentious matters is an active one, and the degree to which the Supreme Court of Justice of the Republic of Moldova, acting as a court of cassation, will succeed in reconciling Article 194(2) of the Administrative Code with the newly introduced grounds for cassation. This article further aims to dispel the erroneous perception that the administrative court judge acts as "counsel for the claimant" or substitutes the public authority by exercising its discretionary power.
Authors: Elena Belei, Natalia Chiper
Institution: Moldova State University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7171531741