Reglementări constituționale și legale privind controlul judecătoresc exercitat asupra actelor administrative emise/adoptate în situații excepționale. Aspecte jurisprudențiale
Constitutional and legal regulations on judicial review of administrative acts issued/adopted in exceptional situations. Case-law issues

Summary/Abstract: The conditions for the admissibility of an action in administrative matters that have as their object administrative acts issued/adopted in exceptional situations are regulated in Law no. 554/2004 of the administrative content, and in other works, we find this issue analyzed as a feature of the administrative content based on Law no. 554/2004 and the Constitution. which is completed with the provisions of the special legislation applicable to exceptional situations. In the specialized doctrine, as a rule, the conditions for the admissibility of an action in administrative litigation are identified: the condition that the challenged act is an administrative act; the condition that the challenged act harms a right recognized by law or a legitimate interest; the condition that the challenged act emanates from a public authority; the condition of fulfilling the prior administrative procedure; provided that the action is brought within a certain period. In the light of these considerations derived from the constant jurisprudence of the Court of Strasbourg, the Constitutional Court of the statute in the sense that ensuring a right of effective access to justice must also be analyzed through the lens of the effects that the court decision has on the rights of the person who addressed the justice.

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