Contestarea actelor emise de către Autoritatea de Supraveghere Financiară în exercitarea atribuțiilor de reglementare, autorizare, supraveghere şi control
Contesting documents issued by the Financial Supervisory Authority in exercising regulation, authorization, supervisory and control duties

Summary/Abstract: Contesting legal or individual administrative documents issued by the Financial Supervisory Authority is of interest for the authority’s activity. A review of the legislative changes brought to the legal acts regulating the three supervised sectors by the ASF, i.e. the financial tools and investment, insurance and private pensions sectors, shows that the legislator offers non-unified solutions with regard to challenging documents issued by the ASF. As far as the obligation to file a prior complaint, certain legal acts stipulate that it is mandatory, while others provide the solution of challenging ASF documents directly at the Bucharest Court of Appeal, making the prior complaint procedure optional. About the court that has the material and territorial competence to solve the actions requesting for the annulment of ASF administrative documents, recent legal acts state that this competence belongs to the Bucharest Court of Appeal, while older legal acts mention that competence shall be established according to contentious administrative law.

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