EFECTELE ANULĂRII ACTELOR ADMINISTRATIVE ÎN BAZA SENTINȚELOR DATE DE INTANȚELE JUDECĂTOREȘTI
EFFECTS OF ANNULMENT
OF ADMINISTRATIVE ACTS BASED ON COURT DECISIONS
Author(s): Raluca Ioana BârsășteanuSubject(s): Administrative Law
Published by: Universitatea Crestina "Dimitrie Cantemir"
Keywords: the annulment of an administrative act; effects; pending litigations; subsequent acts of the annulled normative act;
Summary/Abstract: The annulment is defined as the legal transaction consisting of an expression of will in order to directly result in the annulment of the act and, therefore, the definitive termination of the legal effects produced by it. The right of the courts to annul an administrative act is based on the provisions of Article 52 paragraph 1 of the Constitution. Final judgments by which an administrative act of normative nature has been annulled in whole or in part are generally binding and have effect only for the future. The nullity of the administrative act of a normative nature cannot be opposed to the legal effects produced by administrative acts issued prior to that moment, but only to those produced after that moment.Litigations pending at the time the decision to annul an administrative normative act remains definitive will be affected and the effects of this decision will occur by law also on these litigations that have as object the subsequent acts of the annulled normative act.
Journal: Revista Univers Strategic
- Issue Year: XIV/2023
- Issue No: 55
- Page Range: 160-167
- Page Count: 8
- Language: Romanian