Discuții privind interesul, calitatea și capacitatea procesuală de folosință a primarului general al municipiului București, precum și a municipiului în materia suspendării și anulării autorizațiilor de construire
Discussions regarding the interest, procedural quality and capacity of use the general mayor of the municipality of Bucharest, as well as of the municipality in the matter of suspension and cancellation of building permits

Summary/Abstract: The issue of the procedural capacity and quality of the administrative authorities, whether they are unipersonal or deliberative, within of the actions in administrative contentious, was and is an aspect of keen interest for the legal world today, especially in the context of the countless changes to the normative acts with direct incidence in the matter of administrative law, with its obvious procedural transposition in the institution of administrative contentious.The domain of construction permits, issued under the conditions of Article 4 of the Law No 50/1991, also does not make a discordant note from this point of view, since it is only a particularization, on a smaller scale, of a wider and more complex issue, of a symbiotic nature, of the transposition in the procedural plan of the conditions of exercise specific to the legal methods of referral to the court.From this perspective, we reveal that, in the current legal reality, the question of the promotion by the general mayor of the municipality of Bucharest of some actions aimed at cancelling or suspending the effects of the building permits issued at level of sectors of the capital presents a series of particular and subtle values, as a result of some more recent developments, of legislative, administrative and jurisprudential origin, to which we will make a concrete reference through this legal study.The elucidation of the issues regarding the potentiality of the two conditions for the exercise of the civil action, with a concrete applicability in the administrative contentious litigations, is imposed with the force of stringency, as it represents aspects of legal actuality, having an intense and extensive legal impact at a practical level.

• Details
• Contents