CONTROLUL JUDECĂTORESC AL LEGALITĂȚII ACTELOR ADMINISTRATIVE CU CARACTER NORMATIV ADOPTATE ÎN TEMEIUL LEGII NR. 55/2020, ÎN LUMINA DECIZIEI CURȚII CONSTITUȚIONALE A ROMÂNIEI NR. 392 DIN 08.06.2021
JUDICIAL CONTROL OF THE LEGALITY OF NORMATIVE ADMINISTARTIVE ACTS ADOPTED PURSUANT TO LAW NO. 55/2020, IN THE LIGHT OF THE DECISION OF ROMANIAN CONSTITUTIONAL

Summary/Abstract: The present study aims at an analysis of the current legislative context regarding the exercise of judicial control of normative administrative acts, adopted or issued under Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, with subsequent amendments and completions, taking into account the recent practice of the Romanian Constitutional Court in this matter.On the occasion of analyzing the constitutionality of the provisions of art. 72 of Law no. 55/2020 with reference to art. 42 para. (3) of the Government Emergency Ordinance no. 21/2004 on the National Emergency Management System, the court of constitutional contention held, in essence, that the provisions of this normative act have as a practical consequence the evasion of these administrative acts from judicial control, not ensuring effective access to justice, because the persons interested in contesting in administrative contentious a decision of the Government declaring or prolonging the state of alert, do not have the possibility to obtain a court decision within the term of applicability of this decision, so that the illegal effects and their consequences on the rights of the addressee justice can be effectively removed.

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