The Current Form of Law no. 554/2004 of the Contentious Administrative
The Current Form of Law no. 554/2004 of the Contentious Administrative
Author(s): Elena Mihaela FodorSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: administrative litigations; public law; plea of illegality; remedy
Summary/Abstract: Since the enforcement date, Law no. 554/2004, regarding the procedure in the administrative litigations, suffered different alterations through normative acts or decisions of the Constitutional Court. The jurisprudence of the courts also removed some of the legal provisions. Due to these alterations, several problems remained uncertain, like the deadline for the prior administrative procedure for a thirdparty injured by an administrative act addressed to another entity, the possibility to examine the legality of an abrogated normative administrative act or the effect of Law no. 76/2012 on the possibility to examine the legality of an individual administrative act issued before the enforcement of Law no. 554/2004. The consequences of alterations introduced by the Law no. 76/2012, as well as decisions of the Constitutional Court, regarding the competence of the courts for direct actions or the illegality plea, and remedies in administrative litigations, is also discussed.
Journal: Anuarul Institutului de Istorie »George Baritiu« din Cluj-Napoca - Seria HUMANISTICA
- Issue Year: XII/2014
- Issue No: 12
- Page Range: 279-290
- Page Count: 12