Law on establishment of administrative courts approved

The Parliament has approved the Law 49/2012 `On organization and functioning of administrative courts and settlement of administrative disputes`. The Law regulates the organization, functioning, jurisdiction and competence of administrative courts, the principles and proceedings for settlement of administrative disputes and compulsory execution of such judicial decisions.
Legal action may be brought in front of an administrative court only after all other administrative means of appeal are been exhausted and through such action may be claimed by the court to repeal, amend or declare the nullity of an administrative act, to oblige the administrative entity to perform a certain act, to declare the illegality of an administrative act, to clarify parties rights and duties, to oblige the administrative entity to do or not do other administrative acts, to determine which is the competent administrative body to resolve the case and invalidate the administrative act issued by a non-competent administrative body, to compensate in accordance with the applicable law the suffered damages, to settle labour disputes when the employer is a public administration body.
In accordance to the Law the claimant should only identify accurately the administrative act or administrative action or inaction to which he opposes. The administrative body is the party on whom the onus probandi lies and thus it is obliged to prove that the administrative act, action or inaction is valid and legal. The administrative law also regulates the court decisions, appeals and exclusion of the appeal and the execution of court decisions.
Administrative court will start functioning after the entry in force of the necessary changes of the law `On organization and functioning of the Supreme Court` and after ensuring appropriate conditions for the normal exercise of their activity. Starting from the date of their functioning, Civil Procedure Code provisions relating to the adjudication of administrative disputes shall be deemed repealed, whilst references of specific laws to Civil Procedure Code section on adjudication of administrative disputes, shall be considered as amended and making reference to this Law.