Chapter I. General Provisions.
Book III. Administrative litigation procedure.
Administrative Code of the Republic of Moldova
Excerpt:
Article 189. Filing an administrative action
(1) Any person who claims a violation of his or her right by the administrative activity of a public authority may file an administrative action.
(2) An administrative action may also be filed when the public authority has not resolved a request within the legal term.
(3) In cases provided for by law, as well as for the purpose of claiming rights arising from an administrative contract, an administrative action may also be filed by the public authority.
Article 190. Exclusion of an administrative action
The following administrative acts may not be contested with an administrative action:
a) exclusively political acts of the Parliament, of the President of the Republic of Moldova and of the Government;
b) administrative acts of a diplomatic nature relating to the foreign policy of the Republic of Moldova;
c) command acts of a military nature.
Article 191. Jurisdictional competence for administrative litigation actions
(1) Except for the cases provided for in paragraphs (2) and (3), the courts of first instance shall resolve all administrative litigation actions on the merits.
(2) The Courts of Appeal shall resolve in first instance administrative litigation actions against normative administrative acts, which are not subject to constitutional review.
(3) The Chisinau Court of Appeal shall resolve in first instance administrative litigation actions against acts issued by the National Bank of Moldova, as well as administrative litigation actions assigned to its competence by the Electoral Code.
(4) The courts of appeal also resolve appeals against decisions and appeals against rulings issued by the courts of first instance.
(5) The Supreme Court of Justice resolves:
a) in first instance, by irrevocable rulings, administrative litigation actions regarding the contestation of decisions of the Superior Council of Magistracy and the Superior Council of Prosecutors;
b) appeals against decisions, decisions and rulings of the courts of appeal.
Article 192. Specialization of judges for the examination of administrative litigation actions
(1) Panels of judges shall be established for the examination of administrative litigation actions at the courts of appeal.
(2) In the courts of appeal, administrative litigation actions shall be examined by specialized judges.
Article 193. Composition of the court
(1) In the courts of appeal, administrative litigation actions shall be resolved by a single judge.
(2) The courts of appeal, both as a court of first instance and as a court of appeal or cassation, resolve administrative litigation actions in panels of 3 judges.
(3) The Supreme Court of Justice shall examine administrative litigation actions and appeals in panels of 3 judges.
(31) In order to standardize judicial practice, the panel of 3 judges may decide, by unanimous vote, that the appeal considered admissible shall be examined by a panel of 5 judges, and the panel of 5 judges may decide, by unanimous vote, that the appeal considered admissible shall be examined by a panel of 9 judges.
Article 194. Limits of judicial review
(1) In the procedure in the first instance, in the appeal procedure and in the procedure for examining appeals against court decisions, factual and legal issues shall be resolved ex officio.
(2) In the procedure for examining appeals, the contested judgments and decisions shall be examined ex officio with regard to the existence of procedural errors and the correct application of substantive law.
Article 195. Additional application of the provisions
The procedure for the action in the administrative dispute shall be carried out in accordance with the provisions of this Code. In addition, the provisions of the Code of Civil Procedure shall apply accordingly, with the exception of Art. 169–171.
