Some Considerations about Solutions of the Courts in the Area of Administrative Litigation
Journal Title: Revista de Stiinte Politice. Revue des Sciences Politiques - Year 2018, Vol 3, Issue 59
Abstract
The provisions of art. 18 of Law no. 554/2004 of the administrative contentious law, establishes that the administrative contentious instance may annul in whole or in part an administrative act. In addition to the application of this sanction, which intervenes for the causes of nullity of the administrative act, causes that may be prior or concurrent with the moment of adoption of the administrative act, the court may order the public authority to carry out certain legal acts or perform certain technical operations. According to the legal provisions, we note the court of administrative litigation may order the public authority to issue an administrative act, to issue another document, or to carry out an administrative operation. A regulatory administrative act contains generic and impersonal rules and may oblige certain legal behaviors from certain legal subjects but can guarantee or protect subjective rights for them. Regarding an administrative normative act, the legal provisions do not determine in concrete terms whether the court can order the obligation of the public authority to adopt such an administrative act. On the other hand, irrespective of whether the answer to such a legal situation is affirmative or negative, the question arises whether the court can apply sanctions for non-fulfillment of the implementing powers. In other words, if the public authority has to adopt a certain administrative normative act for the implementation of legal provisions, the failure to perform this task or the late exercise may cause damage. Therefore, the question then arises whether the opportunity that a public authority enjoys when adopting an administrative act is limited to the content of the act, to the manner in which the legal norm must be regulated, or to that feature must include the choice of when the public authority deems it necessary to adopt an administrative act of a normative nature.
Authors and Affiliations
Claudiu Angelo Gherghină
Keywords
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