Admissibility of the request for temporary suspension of the administrative act
Admissibility of the request for temporary suspension of the administrative act

Summary/Abstract: As long as an administrative act is in a process of judicial evaluation, it is rightful that it does not produce its effects on the subjects concerned. Therefore, in order to respect the principle of legality, the legislator, through art. 14 and 15 of Law no. 554/2004 of the administrative contentious, created a procedural instrument providing the court with possibility to suspend the administrative act. However, it often happens that the time spent from the investiture of the court to the issuance of a solution is quite long, and the main purpose to suspend the administrative act – the prevention of imminent damage, is no longer achieved.The fact that, according to art. 28 of Law no. 554/2004, the provisions of the Law on administrative contentious are supplemented with the provisions of the Civil Code and the Code of Civil Procedure, created the possibility that the subject concerned by an administrative act may request, based on art. 719 para. (7) of the Code of Civil Pro-cedure, the temporary suspension of the execution of the contested administrative act, until the settlement of the request for suspension. Considering that to the present date there is no uniform practice of administrative contentious courts on the admissi¬bility of this procedure, this study aims to analyze both jurisprudential approaches, with pros and cons, and finally to come up with a solution de lege ferenda.

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