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Administrative Justice, Completely Withdrawn in the Republic of Moldova


Marina Grosu





The administrative justice in the Republic of Moldova was established by Law no. 793/2000, of administrative contentious. However, the implementation of this important instrument which assures the legality in public administration met numerous obstacles, coming from all Governments which have held the power until now, regardless of their political color. The current Government, under the generous slogan about codification of Administrative Law, abolished the Law referred to above, therefore, definitively removed the words "administrative contentious" from the title of the legislation currently in force. This was done by adopting, on 19th of July 2018, of the Administrative Code of the Republic of Moldova, no. 116/2018, which shall enter into force on 1st of April 2019, the date on which, according to the art. 257 (2): „is hereby abolished the Law no.793/2000 of Administrative Contentious and the Law no. 190/1994 regarding the petition”. This provision suggests a single conclusion, the evident intention of the Legislature - to suppress the Administrative Justice. Coding is an effective method of systematization and simplification of the legislation, which is today very bushy, crowded and inconsequent. Coding the Administrative Law in a single Code, would suppose systematization, with abolishing later, a very large number of laws, governing: organization and functioning of the authorities of central and local public administration; administrative acts - the procedure for the preparation, adoption, execution and control of them; public function and the status of civil servants; Administrative Contentious, etc.