The legal procedure applicable to administrative acts
The legal procedure applicable to administrative acts

Author(s): Diana-Mihaela Malinche
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative law; administrative act; written form; presumption of legality; presumption of authenticity; presumption of veracity;
Summary/Abstract: For collecting and interpreting the data necessary for the elaboration of this article, I have used the method of content analysis research, taking into account the theoretical concepts of administrative law at the national level as well as the legislative provisions adopted at European level for the use by the public administration institutions of standardized administrative acts. The act of administrative law is therefore the legal expression of the way of promoting the public power by the public administration bodies. Due to its complexity, the administrative act presents specific elements: the legality and the expediency of the administrative acts, the competence of the public administration authorities, the related competence and discretionary power of the public administration. In order to be valid, legal acts are issued in written form, providing a guarantee of compliance with legality. By strictly observing all the requirements of the law, the legal effects of administrative acts are threefold: the presumption of legality, the presumption of authenticity and the presumption of veracity. As expected, there are both cases of cancelling of administrative acts, as well as cases of suspension or revocation resulting from total or temporary cessation of legal effects by an administrative act. It is important to note that, at European level, administrative acts are enforced ex officio without going through a bureaucratic procedure.

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