Considerations Regarding the Annulment of Administrative Acts, both in Administrative Litigation and in Criminal Law
Considerations Regarding the Annulment of Administrative Acts, both in Administrative Litigation and in Criminal Law
Author(s): Roxana Ionescu, Diana Anca ArteneSubject(s): Social Sciences, Criminal Law, Sociology of Law, Administrative Law
Published by: Editura Universității „Dunărea de Jos”, Galați
Keywords: administrative acts; presumption of legality; the administrative court; the administrative authorities;
Summary/Abstract: The administrative act enjoys the presumption of legality, which in turn is based on the presumption of authenticity and veracity, being itself an enforceable title. However, the principle of legality of administrative acts presupposes that both the administrative authorities do not violate the law and that all their decisions are based on the law. It also requires that the authorities effectively ensure that these requirements are met. The cancelling of administrative acts may be ordered by both the administrative court and the criminal court. The administrative court examines whether there are grounds for illegality, while the criminal court examines whether an offense provided for by the criminal law has been committed.
Journal: Public Administration & Regional Studies
- Issue Year: 14/2021
- Issue No: 1
- Page Range: 38-42
- Page Count: 5
- Language: English