Prefectul ca subiect de sezină a instanței judecătoreşti
Prefect as a matter of seisin of the court
Author(s): Radu StoianSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: administrative act; administrative courts; prefect; law; individual act; prior administrative proceeding; mandatory; optional;
Summary/Abstract: The article analyzes one of the prefect’s duties, the one of verifying the legality of acts issued or adopted by the local autonomous authorities of deliberative and executive nature. Under this role, he may appeal to the administrative courts their acts, which results in righteous suspension. This privilege is provided both in Article 123 of the Constitution but also in the Law no. 340/2004 on the organization and functioning of the prefect. A controversial issue is whether the actions made by the prefect are going through longer or not the preliminary procedure. The proposed solution is to go through this procedure, due to its beneficial effects for the administration and the administere dones equally.
Journal: Revista de Drept Public
- Issue Year: 2014
- Issue No: 03
- Page Range: 90-92
- Page Count: 3
- Language: Romanian
- Content File-PDF