The role of the notice as a procedural operation prior to issuing an administrative act
The role of the notice as a procedural operation prior to issuing an administrative act
Author(s): Mihai Cristian Apostolache, Mihaela-Adina ApostolacheSubject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: decisional system; prior procedural operations; notice; competence;legal effects;
Summary/Abstract: This paper addresses the issue of the notice, defined as an official written announcement. In matters of administrative documents, the issuance of a notice constitutes a procedural operation prior to issuing an administrative act or it is included in the category of preliminary documents. According to their legal nature, there are three types of notices: facultative, consultative and compliance. Of these, only the consultative notice has a constitutional determination. Control over the previous procedural operations is done only in the subsidiary, under the court control exercised over the administrative act under appeal and solely in connection with it. Notices do not produce legal effects; they do not change, by themselves, the existing juridical reality.
Journal: Jurnalul de Drept si Stiinte Administrative
- Issue Year: 1/2016
- Issue No: 5
- Page Range: 172-180
- Page Count: 9
- Language: English