Controlul de tutelă administrativă exercitat de către prefect şi acţiunea în contencios administrativ exercitată de către prefect în contextul Constituţiei revizuite, al Legii contenciosului administrativ nr. 554/2004 şi al Codului administrativ
Control on administrative custody exercised by a prefect and the administrative litigation brought by the prefect in the context of the revised Constitution, of the Administrative Law no. 554/2004 and of the Administrative Code approved by the G.E.O.

Summary/Abstract: After the adoption of the Administrative Code approved under the G.E.O. no. 57/2019, the prefect’s institution enshrined at the constitutional level has a new legislative support at the level of the infra-constitutional legislation. Unfortunately, as regards the scope of legal deeds covered by the control of administrative custody exercised by the prefect and the subject matter of the administrative dispute filed by the prefect, the Administrative Code maintains certain inconsistencies and mismatches, contrary to the legislative technique rules established under Law no. 24/2000, as republished, existing also during the former repealed normative acts at the same time as the effective date of the Administrative Code and which shall further create any dysfunctionalities and controversies in the enforcement of the Administrative Code. Starting from these considerations, this study proposes an analysis of the amendments brought by the Administrative Code in the matter of the control on administrative custody exercised by a prefect and the administrative litigation brought by the prefect, by reference to the constitutional provisions and to the provisions of the Administrative Law no. 554/2004.

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