Law No. 29 Of November 7, 1990, The Law On Administrative Courts

Original Language Title:  LEGEA nr. 29 din 7 noiembrie 1990 LEGEA contenciosului administrativ

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Law No. 29 of November 7, 1990, the LAW on administrative courts (updated until July 24, 1997 *)-PARLIAMENT ISSUING — — — — — — — — — — — — *) Updated until July 24, 1997, with amendments by law No. 59 of 23 July 1993, law No. 146 of 24 July 1997.
Romanian Parliament adopts this law.


Article 1 Any physical person or legal entity, if it is considered in its rights, plaintiff recognized by law, by an administrative act or by an unjustified refusal of the administrative authorities to resolve the claim that a right recognized by law, may apply to the competent court for the cancellation of the recognition of those rights, and reparation for the damage that has been caused.
Shall be treated as unjustified refusal to resolve the demand for a right recognized by law and failure to reply to the petitioner within 30 days of the registration concerned, if no provision is made by law for another period.


Article 2 cannot be appealed in court: a) acts which concern the relationship between Parliament and Government, or the President of Romania; administrative authority and discharge of the acts of the management organs of the Parliament; administrative provisions relating to the internal and external safety of the State, as well as those relating to the interpretation and enforcement of international laws, to which Romania is a party; the emergency measures taken by the bodies of executive power to avoid or eradicate the impact of events presenting their menace, such as documents issued as a result of the State of necessity or for combating natural disasters, forest fires, epidemics, epizootics and other events of the same gravity;
  

b) acts of military-like command;
  

c) administrative order abolishing or modifying of which provision is made by law, another judicial proceedings;
  

d) discharge acts committed by the State as a legal person and for the administration of the patrimony;
  

e) administrative provisions adopted in exercising control.
  


Article 3 Claims relating to the establishment and decrease taxes and fees, as well as the fines provided for in the laws of taxes and duties, shall resolve by special law and subject to the conditions fixed by them.


Article 4 administrative jurisdictional-except as provided in article 13. 3 and those in the field of violations-can be attacked with the appeal, after exhausted the administrative and judicial capacity, within 15 days of receipt, to the administrative jurisdiction of the Supreme Court of Justice.
The Court's decision is final.


Article 5 before asking the Court to order the annulment or release him, the one who is considered an injured party is to defend that right or, within 30 days of the date when i was told the administrative act or the expiry of the period provided for in art. 1 (1). 2, the issuing authority that is required to resolve the complaint within 30 days.
Where the one who is considered an injured party is not satisfied with the solution to his claim, date it may refer the matter to the Court within 30 days of the communication solution.
If the injured person is considered in law or addressed with complaint and hierarchically superior administrative authority that issued the Act, the time limit of 30 days referred to in the preceding paragraph shall be calculated from the communication by that authority to the complaint data solution.
The appeal court will be able to do it and where the administrative authority that issued or higher authority does not resolve your complaint within the time limit referred to in paragraph 1. 1. In all cases, the introduction of the application to the Court is not going to be able to make the later of one year after notification of the administrative act whose nullification is requested.


Article 6 judgment of actions formulated in article 41(2). 1 of this law it is for the Court or the Court of appeal in whose territorial RADIUS the plaintiff is domiciled, according to material competence under article. 2 and 3 of the code of civil procedure.
The Court judging the actions of emergency public meeting, the Panel established by law.
The sentences will be drawn up not later than five days after the delivery.
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Alin. 1 and 2 of article 2. 6 were modified by art. 7 of law No. 59 of 23 July 1993, published in MONITORUL OFICIAL nr. 177 of 26 July 1993.


Article 7 Repealed.
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Art. 7 was repealed by article. 30 paragraph 2. 2 of law No. 146 of 24 July 1997, published in Official Gazette No. 173 of 29 July 1997.


Article 8 the complainant will submit, with the action, the administrative act that you're attacking or, where appropriate, the administrative authority's response to the refusal of his application shall notify the solving of a right recognized by law. In the event that the complainant did not receive any response in relation to his request, the file will make a copy of the application certified for conformity with the original.


Article 9 In justified cases and in order to prevent an imminent, the plaintiff can ask the Court to suspend the execution of the administrative act shall have at their disposal until the action.
The Court shall settle the request for suspension, emergency, even without the attendance of the parties, decision rendered in this case being enforceable in law.


Article 10 upon receipt of the action, the Court shall order the attendance of the parties and will be able to ask the authority whose act is challenged to communicate emergency that act, together with all documentation which was the basis for issue, as well as any other works necessary for the resolution of the case.
In the same way it will proceed and in case of unjustified refusal to resolve the request regarding a right recognized by law.
If the administrative authority did not send, within a period specified by the Court, the work required, the driver will be required to pay the State, pecuniary fine, 500 lei for each day of delay.


Article 11 the court action, soluţionînd, may, where appropriate, to cancel in whole or in part, the administrative act, to compel the administrative authority to issue an administrative act or to issue a certificate, a certificate or any other signed up. The jurisdiction of the Court is to rule on the legality of administrative acts or operations which have led to the issuance of the instrument subject to worldwide judgment.
In the case of acceptance of the application, the Court will decide upon the material and moral damage.


Article 12 where an injured party demanded the cancellation of the one administrative document, without asking for compensation and at the same time, the extent of the damage was known to him at the time of trial of the action for annulment, the limitation period for an application for compensation shall run from the date on which he knew or ought to have knowledge of the extent of the damage.


Article 13 legal actions provided for in this law, may be brought against the officers and staff of the authority, which has prepared the pyrites Act or who is guilty of refusing to solve the demand, if you require the payment of compensation for damage caused to delay. If the action is allowed, the person may be ordered to pay damages, jointly with the management authority.
The person thus operated in justice may summon the hierarchical superior or collateral from which she received a written order to sign the Act whose legality-total or partial-is subject to worldwide judgment.


Article 14 the Court Sentence which has settled the action provided for in this law may be appealed against with the appeal within 15 days of the notice.
The appeal is suspensive.
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Alin. 1 of art. 14 was modified by art. 7 of law No. 59 of 23 July 1993, published in MONITORUL OFICIAL nr. 177 of 26 July 1993.


Article 15 the Supreme Court of Justice will appeal judge.
In the case of the admission of the appeal, the Supreme Court of Justice, casind the sentence, will rejudeca the dispute.


Article 16 where, following acceptance of the action, the administrative authority shall be obliged to replace or modify the administrative act to issue a certificate, a certificate or any other signed up, execution of the irrevocable will be made within the period specified in them, and in the absence of any such time limit, within 30 days from the date of the coming into legal force of the decision final.
If the deadline is not respected will apply administrative penalty authority driver referred to in article 1. 10 para. 3, and the applicant will be able to grant damages for delay. The Court decides in the Council Chamber, at the request of the plaintiff, emergency, with the attendance of the parties, without payment of any stamp duty, the decision being final and binding.
The leader of the administrative authority can take action against those guilty of non-enforcement of the judgement, according to common law.
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Alin. 1 of art. 16 was modified by art. 7 of law No. 59 of 23 July 1993, published in MONITORUL OFICIAL nr. 177 of 26 July 1993. In article 16(1), the term "final decision" was replaced with "irrevocable decision".


Article 17 For the settlement of disputes provided for in this law shall be established at the Supreme Court of Justice, the Court of appeal and the courts of law, administrative departments.
The administrative departments can be employed and graduates of law faculties, administrative law section. Their seniority in the administrative work is regarded as the specialist for the Office of judge.
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Paragraphs 1 and 2. 1 of art. 17 was modified by art. 7 of law No. 59 of 23 July 1993, published in MONITORUL OFICIAL nr. 177 of 26 July 1993.


Article 18 the provisions of this law shall be supplemented by the provisions of the code of civil procedure.


Article 19 this Act does not apply to administrative acts issued earlier its entry into force, but it applies to requests introduced prior to that date, the time limit of 30 days referred to in article. 1 (1). 2-reincepind to run at its entry into force.


Article 20 role of courts on the Causes on the date of entry into force of this law shall continue to govern according to the law applicable at the time of referral to the Court.


Article 21 this Act shall enter into force 30 days after its publication in the Official Gazette.
On the same day the law is repealed. 1/1967 regarding the judgment of the Court of requests to those harmed in their rights through illegal administrative acts, as well as any other provisions to the contrary.
— — — — — — — — — — — — — — — Note: para. 5 of art. 7 of law No. 59 of 23 July 1993, published in MONITORUL OFICIAL nr. 177 of 26 July 1993 stipulates: throughout the law. 29/1990, the term "tribunal" or "Tribunal" shall be replaced by the corresponding with "Court" or "Court".
This law was adopted by the Senate at its meeting on 31 October 1990.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 5 November 1990.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 for the election of the Parliament and the President, the law on administrative courts and promulgăm we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — —