Suspendarea executării actului administrativ. Orientări normative, doctrinare și jurisprudențiale în materie
Suspension of Execution of the Administrative Act. Normative, Doctrinary and Jurisprudential Directions in the Field

Summary/Abstract: The recent jurisprudence of the administrative contentious courts in Romania emphasizes the existence of some practical issues raised by the institution concerning the suspension of execution of the administrative act. The jurisprudential directions worded by the Romanian courts, headed by the High Court of Cassation and Justice’s section of profile, at times being in conflict with the directions imposed by the European courts, are making the reinterpretation of the legal provisions and the reconsideration of the doctrine in the matter necessary. The dichotomous regulation which the legislator has chosen in the Law n° 554/2004 regarding the administrative contentious, with the subsequent modifications and add-ups, related to the institution of suspension of execution of the administrative act (art. 14 and art. 15) unleashes a legislative paradox and raises serious punctual problems, for which we aim to find reasonable solutions in the following: (i) the limits of the control exercised by the court invested with the suspension request upon the merits of the case; (ii) the introduction of the twin-actions, based on art. 14, respectively on art. 15 of the Law n° 554/2004.

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