LEGE no. 29 29 of 7 November 1990 Law of Administrative Litigation (updated until July 24, 1997 *)
ISSUER
PARLIAMENT
--------------- * *) Updated until July 24, 1997, with amendments made by LAW no. 59 59 of 23 July 1993 , LAW no. 146 146 of 24 July 1997 . The Romanian Parliament adopts this law + Article 1 Any natural or legal person, if deemed to be injured in his or her rights, recognised by law, by an administrative act or by the unjustified refusal of an administrative authority to resolve his application relating to a recognised right by law, can be addressed to the competent court, for the annulment of the act, the recognition of the alleged right and the repair of the damage It is considered an unjustified refusal to resolve the application relating to a right recognized by the law and the fact not to respond to the petitioner within 30 days of the registration of the respective application, if no other term is provided by law. + Article 2 They cannot be attacked in the judiciary: a) the acts concerning the relations between the Parliament or the President of Romania and the Government; the administrative acts of authority and the management acts of the governing bodies of the Parliament; the administrative acts relating to internal security and external to the state, as well as those related to the interpretation and execution of international acts, to which Romania is a party; the urgent measures taken by the executive power bodies to avoid or eliminate the effects of some events public danger, such as acts issued as a result of the state of necessity or for combating natural disasters, forest fires, epidemics, epizootic diseases and other events of the same severity; ... b) military command acts; ... c) administrative acts for the abolition or modification of which is provided, by special law, another judicial procedure; ... d) the management acts enjoyed by the state as a legal person and for the administration of its patrimony; ... e) administrative acts adopted in the exercise of hierarchical control tasks. ... + Article 3 The requests regarding the establishment and decrease of taxes and fees, as well as the fines provided for in the tax and tax laws, shall be solved by the bodies provided by the special law and under the conditions established by them. + Article 4 Judicial administrative acts-except those provided for in art. 3 and those in the field of contraventions-can be appealed with appeal, after the exhaustion of administrative-jurisdictional paths, within 15 days of communication, at the administrative section of the Supreme Court of Justice. The court's decision is final. + Article 5 Before asking the court for the annulment of the act or the obligation to issue him, the one who considers himself injured will address for the defense of his right, within 30 days from the date when the administrative act was communicated or upon the expiry of the term provided in art. 1 1 para. 2, the issuing authority, which is obliged to resolve the complaint within 30 days of it. If the one who considers himself injured is not satisfied with the solution given to his complaint, he may refer the matter to the court within 30 days of communicating the solution. If the one who considers himself injured in his or her right has addressed himself with the complaint and the hierarchical administrative authority superior to the one who issued the act, the 30-day period, provided for in the preceding paragraph, shall be calculated from the communication by that authority of the solution to the complaint. The complaint of the court will also be possible if the issuing administrative authority or the superior hierarchical authority does not resolve the complaint within the deadline provided in par. 1. In all cases, the introduction of the application to the court will not be possible to make it later than one year from the date of communication of the administrative act whose cancellation is required. + Article 6 Judgment of the actions formulated on the basis of 1 of this law is the jurisdiction of the court or the court of appeal in whose territorial area the applicant is domiciled, according to the material competence provided by art. 2 2 and 3 of the Code of Civil Procedure. The court urgently judges the actions in public session, in the panel established by law. The sentences will be redacted no later than five days after the ruling. ---------------- Paragraph 1 and 2 of art. 6 6 have been modified by art. 7 of LAW no. 59 59 of 23 July 1993 , published in MONITORUL OFFICIAL no. 177 177 of 26 July 1993. + Article 7 Repealed. ----------------- Article 7 was repealed by art. 30 30 para. 2 of LAW no. 146 146 of 24 July 1997 , published in MONITORUL OFFICIAL no. 173 173 of 29 July 1997. + Article 8 The applicant shall submit, with the action, the administrative act it attacks or, as the case may be, the response of the administrative authority communicating its refusal to resolve its application for a right recognised by law. If the complainant has not received any response in relation to his application, he will file the copy of the application, certified for compliance with the original. + Article 9 In duly justified cases and in order to prevent the occurrence of imminent damage, the complainant may ask the court to order the suspension of the execution of the administrative act until the action is resolved The court will settle the request for suspension, as a matter of urgency, even without citing the parties, the decision rendered in this case being enforceable by law. + Article 10 Upon receipt of the action, the court will order the citation of the parties and will be able to ask the authority whose act is under attack to urgently communicate that act, along with the entire documentation that formed the basis of its issuance, as well as any other necessary work for the case. In the same way it will be done in the case of unjustified refusal to resolve the application for a right recognized by law. If the administrative authority does not send, within the deadline set by the court, the required works, its leader will be obliged to pay the state, as a fine, 500 lei for each day of undue delay. + Article 11 The court, resolving the action, may, as the case may be, cancel, in whole or in part, the administrative act, to oblige the administrative authority to issue an administrative act or to issue a certificate, a certificate or any other inscription. The court is also competent to rule on the legality of the administrative acts or operations that were the basis for the issuance of the act subject to judgment. In case of admission of the application, the court will also decide on the required material and moral damages. + Article 12 If the injured one asked for the annulment of the administrative act, without asking at the same time and compensation, the extent of the damage not known to him at the time of trial of the annulment action, the limitation period for the application for compensation flows from on the date he met or should have known the extent of the damage. + Article 13 The legal actions, provided for in this law, will be able to be formulated and personally against the official of the pirate authority, who drafted his act who is guilty of refusing to resolve the application, if payment of compensation is requested for the damage caused for delay. If the action is admitted, that person will be liable for damages, severally with the administrative authority. The person thus acting in the judiciary can call in guarantee on his superior hierarchical from which he was ordered written to sign the act, whose legality-total or partial-is subject to judgment. + Article 14 The sentence of the court by which the action provided for in this law has been resolved can be appealed within 15 days of communication. The appeal is suspensive of execution. --------------- Paragraph 1 of art. 14 14 has been amended by the art. 7 of LAW no. 59 59 of 23 July 1993 , published in MONITORUL OFFICIAL no. 177 177 of 26 July 1993. + Article 15 The Supreme Court of Justice will judge the emergency appeal. In the case of admitting the appeal, the Supreme Court of Justice, casing the sentence, will retry the dispute in substance. + Article 16 If, following the admission of the action, the administrative authority is obliged to replace or amend the administrative act, to issue a certificate, a certificate or any other inscription, the execution of the irrevocable decision will be made within the prescribed period in its contents, and in the absence of such a term, no later than 30 days after the date of the final stay of the decision. If the term is not respected it will apply to the head of the administrative authority the sanction provided for in art. 10 10 para. 3, and the complainant may be awarded damages for delay. The court decides in the council chamber, as a matter of urgency, at the request of the applicant, with the citation of the parties, without payment of any stamp duty, the decision being final and enforceable. The head of the administrative authority may proceed with action against those guilty of non-execution of the decision, according to common law --------------- Paragraph 1 of art. 16 16 has been amended by art. 7 of LAW no. 59 59 of 23 July 1993 , published in MONITORUL OFFICIAL no. 177 177 of 26 July 1993. In Article 16 (1), the term 'final decision' was replaced by 'irrevocable decision'. + Article 17 For the settlement of disputes provided for by this law, the Supreme Court of Justice shall be established at the courts of appeal and at courts, administrative departments. The administrative departments may also be classified as graduates of the faculties of law, the administrative law section. Their maturity in administrative work is considered seniority in the specialty for the position of judge. --------------- Paragraph 1 of art. 17 17 has been amended by art. 7 of LAW no. 59 59 of 23 July 1993 , published in MONITORUL OFFICIAL no. 177 177 of 26 July 1993. + Article 18 The provisions of this law shall be supplemented by the provisions of the Code + Article 19 This law does not apply to administrative acts issued prior to its entry into force, but applies to applications previously introduced to this date, the 30-day period-provided for in art. 1 1 para. 2-restarting to flow from its entry into force. + Article 20 The cases before the courts on the date of entry into force of this law will continue to be judged according to the law applicable at the time of referral to the court + Article 21 This law shall enter into force 30 days after the date of publication in the Official Gazette. On the same date is repealed Law no. 1/1967 on the courts ' adjudication of the claims of those injured in their rights by unlawful administrative acts, as well as any other provisions to the contrary. --------------- NOTE: Article 5 (1) art. 7 of LAW no. 59 59 of 23 July 1993 , published in MONITORUL OFFICIAL no. 177 of 26 July 1993 provides: Law no. 29/1990 , the term "tribunal" or "tribunal" shall be replaced, accordingly, with "court" or "court". This law was passed by the Senate at its meeting on October 31, 1990. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was passed by the Assembly of Deputies at its meeting on 5 November 1990. PRESIDENT OF THE ASSEMBLY MARTIAN DAN By virtue art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the parliament and the President of Romania, we promulgate the Law of Administrative Litigation and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU ------------------
