Observaţii cu privire la dreptul prefectului de a contesta „refuzul nejustificat” al autorităţilor autonome locale
Remarks on the Prefect right to contest “unjustified refusal” of the local autonomous authorities

Summary/Abstract: In accordance with art. 123 par. (5) of the Romanian Constitution, the Prefect is a state authority which exercises an "administrative guardianship" over the local autonomous authorities, status entitling him to challenge in administrative courts the administrative acts issued by the county councils, local councils or mayors. The Law no. 554/2004 (art. 3) reiterates and develops the constitutional provisions. In these circumstances, rises the question of whether the Prefect may challenge, also, the "assimilated administrative acts" from local authorities, with regard, in particular, to their presumtive “unjustified” refusal to grant some official requests of the Prefect. To clarify this issue, High Court of Cassation and Justice of Romania has pronounced, pursuant to art. 519 of NCPC, the Decision no. 26 of 10/10/2016, which stipulates that the prefect may not rely on art. 3 of Law no. 554/2004 in order to challenge the refuse of a local council to favorably resolve his requests. Our article aims to present arguments justifying this correct interpretation of the Supreme Court.

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