The Condition for the Completion of the Prior Administrative Procedure as Condition for the Admissibility of the Action in Administrative Legal Proceedings
The Condition for the Completion of the Prior Administrative Procedure as Condition for the Admissibility of the Action in Administrative Legal Proceedings

Summary/Abstract: The intimation of the issuing public authority or of the superior authority is a pre-requisite stage to the intimation of the litigation court, which is a requirement for the intimation of the court, which is added to the other conditions for the exercise of the action, being a special condition, which, when not fulfilled within the legal time, determines the decision to dismiss the action as inadmissible. By Article 7 of Law no. 554/2004, the legislator agreed to establish, for the person who considers himself damaged by issuing an administrative act, the obligation to submit a prior complaint before the court acquires jurisdiction to solve the request for the annulment of the litigated act, the precise fulfilment of this obligation being one of the conditions sine qua non of the admissibility in principle of the action.

• Details
• Contents