Conditional General Competence – Imposition of a Consequence or Condition of Compliance with the Preliminary Procedure in the Legislation of the Republic of Moldova

Abstract

In this article, the general conditional jurisdiction is analyzed starting from the legislation of the Republic of Moldova, regarding which there are two opinions in the specialized literature: 1) it imposes a sequence of actions until the address in court; 2) it imposes the condition of complying with the prior procedure. We have argued that this type of general jurisdiction represents a sequence of actions that must be completed before being addressed in court. From this point of view, I argued why in the initial drafting of the Administrative Code of the Republic of Moldova, the preliminary procedure was excluded in most cases of administrative litigation. DOI: https://doi.org/10.53486/dri2023.13; UDC: 347.9:342.9(478); JEL: K