Theoretical Aspects Regarding the Acts Exempted from Control in the Administrative Contentious. Notions Concerning the Acts of Command of Military Character
Theoretical Aspects Regarding the Acts Exempted from Control in the Administrative Contentious. Notions Concerning the Acts of Command of Military Character

Author(s): Dumitru Ştefan Coman
Subject(s): Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative act; administrative contentious; command acts; judiciary control; public law;
Summary/Abstract: In order to be in the presence of an act from this category, it must be about an act coming from a military authority (chief of the state, minister of defense, military commands, army corps, divisions etc.). Such acts cannot be issued by the civilian authorities, and also by the military authorities who because of their nature or purpose, they aren’t commands. The complexity of the military activities and the importance of fulfilling the army’s mission, by and large, it has been projecting during time a certain position the legislative body has been having regarding the notion of act of military command with military character, and especially concerning the intervention of the judicial power in the military decisional process. The law of the administrative contentious no. 544/2004 it preserves the same formulation present both in the Law no. 29/1990 and in the Law of the administrative contentious from the year 1925, the notion of “act of command with military character” which had been used for the first time, in the Romanian legal system in the article no. 107, final paragraph of the Constitution from the year 1923. The classification of a concrete administrative act in the sphere of the acts of command with military character it remains a question of court’s appreciation but this appreciation has to be done also from the point of view of the science of the public law.

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