Controlul averii. Comisia de cercetare a averilor de pe lângă curtea de apel. Ordonanță de clasare. Acțiune în contencios administrativ. Admisibilitate. Agenția Națională de Integritate. Calitate procesuală activă
Control of assets. Asset Research Commission attached to the Court of Appeal. Ranking Ordinance. Act in administrative litigation. Admissibility. National Integrity Agency. Active procedural quality

Summary/Abstract: The ranking order issued by the Wealth Research Commission within the court of appeal under the Art. 104 para. (1) let. b) of the Law no. 115/1996 is an administrative legal act in the widespread accepted concept of Art. 2 para. (1) let. c) of the Law no. 554/2004, amended and supplemented. In the absence of a specific provision of the law, neither the composition of the commission, nor the fact that the regulation of the procedure contains some specific elements of the judicial activity - the right to defense, the summoning of the parties, the right to propose the evidence - does not give to the activity of the Wealth Research Commission the legal nature of a jurisdiction, followed by the issuance of a judicial administrative act that meets the attributes of the judiciary work power, according to Art. 2 para. (1) lett. d) and e) of the Law no. 554/2004 and, even less, the activity of the Commission could be assimilated to the court activity carried out by the courts, according to the Art. 126 of the Constitution and the Law no. 304/2004. On the other hand, the order for ranking the case has the effect of completing the procedure for the verification of the assets during the administrative stage and by not being followed by a notification of the court in the judicial stage, it gives the ranking order the ability to extinguish the legal reports in the acceptance of Art. 2 para. (1) let. c) of the Law no. 554/2004. Therefore, the ranking order is an administrative document that can be challenged in the course of action during the administrative litigation. The National Integrity Agency, by having the powers to evaluate the declarations of wealth, according to Art. 13 of the Law no. 144/2007 and Art. 8 of the Law no. 176/2010, is a subject of public law and can act within the administrative litigation in order to protect the public interest in its area of competence, according to Art. 1 para. (8) of the Law no. 554/2004.

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