Particularităţile construcţiei juridice ale suspendării executării actului administrativ individual defavorabil (partea I)
Peculiarities of the Legal Construction of the Suspension of the Execution of the Unfavorable Individual Administrative Act (part I)

Summary/Abstract: Due to the uniform nature of the administrative procedure, the individual administrative act is the indispensable legal instrument through which public authorities tackle the modern tasks of public authorities. Administrative action must serve the effectiveness of the administration, as well as the interest of the citizen for a clear and permanent determination of their legal position. Thus, a distinction is made between the procedural function, the clarification function, the decided fact function, the enforcement function and the legal protection function. The execution of the individual administrative act is one of the most important legal effects. The moment of triggering the enforceable effect of the individual administrative act coincides with its validity. Validity is in turn external and internal (internal efficiency). The need for effective legal protection against burdensome administrative acts also includes provisional legal protection. The administrative code distinguishes between the suspension occurred by the effect of the law and the suspension instituted by the public authority or the court at the request of the addressee or the third party affected by the unfavorable individual administrative act.

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