Amendment and completion of the contentious administrative law
Series of articles from “The Practice of Gambling” by Anchidim Zagrean, Rombet Vice-President
The contentious administrative law has been amended and completed by the adoption by the parliament of the Law nr.212 from 2018, bringing substantial improvements in the settlement of the cases regarding the cancellation of the act, the acknowledgement of the alleged right or of the legitimate interest and the reparation of the damage caused to the person that considers to have one of its rights or legitimate interests affected.
The most important amendments brought to the law:
– It is not compulsory a preliminary complaint in the case of the actions directed against administrative acts:
– which can no longer be revoked, because they have already got in the civil circuit and have produced judicial effects, as it is the case of the decisions of the ONJN supervisory committee, administrative acts that are enforceable at the date of their communication;
– in the case of an unjustified refusal of solving a claim to a right or a legitimate interest;
– if an answer hasn’t been received within the legal term;
– in case of invoking the exception of illegality.
– The claimant, natural or private law legal entity, will address exclusively to the court of its domicile or registered office;
– The claimant, public authority, institution or assimilated, addresses exclusively to the court from the respondent’s domicile or registered office;
– The issuing public authority communicates to the court, together with the statement of defense, the act attacked with the entire documentation which stood at the basis of its emission and any other proceedings necessary for the settlement of the case;
– The court solves the suspension claim, urgently and in particular, by summoning the parties;
– The suspension of executing the administrative act unilaterally can be requested by the petitioner also by a request addressed to the competent court for the calculation, entirely or partially, of the act attacked. In this case, the court may dispose the suspension of the act attacked, until the final settlement of the case ;
– The appeal suspends the execution and leads to urgent trial;
– The requests in justice can be formulated in person against the person who contributed to the elaboration, emission, adoption or conclusion of the act or, as the case may be, is guilty for having refused to solve the request regarding a subjective right or a legitimate interest, if a compensation is requested for the damage caused or for the delay. If the action is admitted, that person may be bound to pay the compensation, jointly with the respondent public authority.
– It represents a reason for a revision, the final resolutions, which have violated the principle of priority of the European Union, provided in the Constitution at art.148, alin.2 and the revision request is initiated within in particular;
We’ll be back with other opinions, in the next edition of the magazine…
