Practical aspects regarding the motivation of administrative acts in antitehese with the motivation of judging decisions in accordance with the New Code of Civil Procedure
Practical aspects regarding the motivation of administrative acts in antitehese with the motivation of judging decisions in accordance with the New Code of Civil Procedure

Author(s): Răzvan Murariu
Subject(s): Public Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: motivation; administrative act; judging decision; New Code of Civil Procedure;
Summary/Abstract: Subjects of the study: Common aspects regarding the motivating criteria for the administrative act, the motivating criteria in decisions of the contentious procedure in the preliminary procedure, and the court decisions motivating criteria, as well as the measures ordered in the contravention law and contained in legal provisions: Fiscal Procedure Code (Article 46 to Article 54 - Issues regarding motivation of the fiscal administrative act, and Article 272 to Article 274 - Issues related to the motivation of the decisions solving appeals against the fiscal administrative act); the Administrative Contentious Law no. 544/2004 (Article 7 - Preliminary Procedure); Govern Ordinance no. 2/2001 on contraventions (Article 16 to Article 20 - the report-minute on finding of contravention) and corroborated with the New Civil Procedure Code (Article 193 - Preliminary Procedure and Article 425 - Content of the judgment). Research Methods Used: analyzing the legislative aspects by means of own practice and existing jurisprudence, and leading to a judicial syllogism. The results and implications of the study: Safeguard, promoting and defending legitimate rights and interests of citizens, tax payers, offenders and petitioners in the administrative and fiscal contentious proceedings.

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