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Law No. 554 Of 2 December 2004 On Administrative Courts

Original Language Title:  LEGE nr. 554 din 2 decembrie 2004 contenciosului administrativ

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LEGE no. 554 of 2 December 2004 (* updated *) Administrative litigation ((updated until 26 February 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Topics of court referral ---------- The marginal name of art. 1 1 has been amended by section 4.2 1 1 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (1) Any person who considers himself injured in a right or in a legitimate interest, by a public authority, by an administrative act or by not settling within the legal term of an application, may appeal to the court of litigation. administrative powers, for annulment of the act, recognition of the alleged right or legitimate interest and repair of the damage caused to it. Legitimate interest can be both private and public. (2) It may be addressed to the administrative court and the injured person in his right or in a legitimate interest by an individual administrative act, addressed to another subject of law. (3) The Ombudsman, following the control carried out, according to his organic law, if he considers that the illegality of the act or the refusal of the administrative authority to carry out his legal duties can only be removed by justice, the competent court of administrative litigation at the home of the applicant. The petitioner acquires the quality of the applicant as a claimant, to be quoted in that capacity. If the petitioner does not appropriate the action brought by the Ombudsman at the first term of trial, the administrative court annuls the application. ---------- Alin. ((3) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (4) The Public Ministry, when, following the exercise of the powers provided by its organic law, considers that the violations of the rights, freedoms and legitimate interests of persons are due to the existence of unilateral administrative acts individual public authorities issued with excess power, with their prior consent, refer the matter to the administrative court at the home of the individual or from the premises of the injured legal person. The petitioner acquires the quality of the applicant as a claimant, to be quoted in that capacity. ---------- Alin. ((4) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (5) When the Public Ministry considers that by issuing a normative administrative act a public legitimate interest shall be harmed, the competent administrative court shall notify the competent administrative court of the issuing public authority. ---------- Alin. ((5) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (6) The public authority issuing an unlawful unilateral administrative act may request the court to annul it, if the act can no longer be revoked as it entered the civil circuit and produced legal effects. In the case of admission of the action, the court shall rule, if it has been seised by the application for appeal, and on the validity of the legal acts concluded on the basis of the unlawful administrative act, as well as on the legal effects produced by them. The action may be brought within one year from the date of issue of the act. ---------- Alin. ((6) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (7) The person injured in his or her legitimate interests by ordinances or provisions of the ordinances of the unconstitutional Government may be addressed to the administrative court, under the conditions of this law. ---------- Alin. ((7) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (8) The Prefect, the National Agency of Public Servants and any subject of public law may introduce actions in administrative litigation, under the conditions of this law and of the special laws. ---------- Alin. ((8) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (9) When settling applications in administrative litigation, the representative of the Public Ministry may participate, at any stage of the process, whenever he considers that it is necessary to defend the order of law, rights and freedoms citizens. ---------- Alin. ((9) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 2 Meaning of terms (1) Within the meaning of the present law, the following terms and expressions have the following meanings: a) the injured person-any person entitled to a right or a legitimate interest, injured by a public authority by an administrative act or by not settling within the legal term of an application; for the purposes of this law, they are assimilated the injured person and the group of natural persons, without legal personality, holder of subjective rights or legitimate private interests, as well as social bodies alleging harm by the contested administrative act or of a legitimate interest the public, or the rights and legitimate interests of determined natural persons; b) public authority-any state body or administrative-territorial units acting, under public power, to satisfy a public legitimate interest; are assimilated to public authorities, within the meaning of this law, legal persons under private law who, according to the law, have obtained public utility status or are authorized to provide a public service, under public power; c) administrative act-the unilateral act of an individual or normative nature issued by a public authority, in public power, in order to organize the execution of the law or the execution in concrete of the law, which gives rise, modify or extinguish legal relations; are assimilated to administrative acts, for the purposes of this law, and contracts concluded by public authorities which have as object the enhancement of public property, the execution of works of public interest, the provision of public services, public procurement; by special laws other categories of administrative contracts subject to the jurisdiction of the administrative courts; *) d) administrative act-jurisdictional-the act issued by an administrative authority vested, by organic law, with powers of special administrative jurisdiction; e) special administrative jurisdiction-the activity carried out by an administrative authority which has, according to the special organic law in the matter, the power to settle a conflict concerning an administrative act, after a procedure based on the principles of contradictoriality, ensuring the rights of defence and independence of administrative-judicial activity; f) administrative litigation-the settlement activity by the competent administrative courts according to the organic law of disputes in which at least one of the parties is a public authority, and the conflict was born either from the issuance or conclusion, as the case may be, of an administrative act, for the purposes of this law, either from the non-settlement within the legal period or from the unjustified refusal to resolve an application relating to a right or a legitimate interest; g) administrative court, hereinafter referred to as the court-Administrative and fiscal section of the High Court of Cassation and Justice, administrative and fiscal litigation sections of the courts of appeal and tribunals administrative-tax; h) non-settlement within the legal period of an application-the fact of not responding to the applicant within 30 days from the registration of the application, if no other term is provided by law; i) unjustified refusal to settle an application-explicit expression, with excess power, of the will not to resolve a person's request; it is assimilated to unjustified refusal and non-implementation of the administrative act issued as a result of the favourable resolution of the application or, where applicable, the prior complaint; j) prior complaint-the request requesting the issuing public authority or the superior hierarchical authority, as the case may be, to review an administrative act of an individual or normative nature, in the sense of revocation or modification thereof; k) acts that concern the relations with the Parliament-the acts issued by a public authority, in carrying out its duties, provided by the Constitution or by an organic law, in the relations of a political nature with the Parliament; l) act of military command-the administrative act regarding the strictly military problems of the activity within the armed forces, specific to the military organization, which assume the right of the commanders to give orders to subordinates in aspects regarding the management of the band, in time of peace or war or, as the case may be, in the performance of m) public service-the activity organized or, as the case may be, authorized by a public authority, in order to satisfy a public legitimate interest; n) excess of power-exercise of the right of appreciation of public authorities by violating the limits of competence provided by law or by violating the rights and freedoms of citizens o) injured right-any right provided by the Constitution, by law or other normative act, to which a touch is brought by an administrative act; p) private legitimate interest-the possibility to claim a certain conduct, considering the realization of a future subjective right and predictable, foreshadowed; r) public legitimate interest-the interest in the order of law and constitutional democracy, guaranteeing the rights, freedoms and fundamental duties of citizens, meeting the community needs, carrying out the competence of the authorities public; s) social stakeholders-non-governmental structures, trade unions, associations, foundations and the like, which have as their object of activity the protection of the rights of different categories of citizens or, where appropriate, the proper functioning of public services administrative; s) impending damage-future and foreseeable material damage or, where appropriate, the serious foreseeable disruption of the functioning of a public authority or a public service; t) well justified cases-the circumstances related to the state of affairs and law, which are likely to create a serious doubt regarding the legality of the administrative act; t) court of execution-the court that settled the fund of the administrative litigation dispute. ---------- Alin. ((1) of art. 2 2 has been amended by section 3 3 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) It is assimilated to unilateral administrative acts and unjustified refusal to resolve an application relating to a right or a legitimate interest, or, as the case may be, not to respond to the applicant within the legal period. + Article 3 Administrative and administrative (1) The Prefect may attack directly before the administrative court the acts issued by the local public administration authorities, if they consider them unlawful; the action shall be made within the period provided for in art. 11 11 para. ((1), which begins to run from the moment of communication of the act to the prefect and under the conditions provided by this law. The action introduced by the prefect is exempt from stamp duty. ---------- Alin. ((1) of art. 3 3 has been amended by section 4 4 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) The National Agency of Civil Servants may appeal before the administrative court the acts of central and local public authorities in violation of the legislation on public office, under the conditions of this Law and of the Law no. 188/1999 on the Staff Regulations, republished. (3) Until the case is resolved, the act attacked according to paragraph ((1) and (2) shall be suspended by law. + Article 4 The exception of illegality (1) The legality of an administrative act of an individual nature, regardless of the date of its issuance, may be investigated at any time in a process, by way of exception, ex officio or at the request of the interested party. (2) The court vested with the substance of the dispute and before which the exception of illegality was invoked, finding that the individual administrative act depends on the settlement of the dispute on the merits, is competent to rule on the exception, either by an interlocutory conclusion or by the judgment which he or she will give in the case. If the court rules on the exception of illegality by interlocutory conclusion, it can be appealed with the fund. (3) If it found the illegality of the administrative act of an individual nature, the court before which the plea of illegality was invoked will settle the case, without regard to the act whose illegality was found. (4) Administrative acts of a normative nature may not form the object of the exception of illegality. The judicial review of administrative acts of a normative nature shall be exercised by the administrative court within the framework of the action for annulment, under the conditions provided by this law. ---------- Article 4 has been amended by section 4. 1 1 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 5 Acts not subject to control and control limits (1) They cannot be attacked in the administrative litigation: a) the administrative acts of the public authorities concerning their relations with the Parliament; b) military command acts. (2) They cannot be attacked on the way of administrative litigation for the modification or abolition of which is provided, by organic law, another judicial procedure. (3) Administrative acts issued for the application of the regime of the state of war, of the curfew or of the state of emergency, those concerning national defence and security *) Constitutional Court Decision no. 302/2011 ] or those issued for the restoration of public order, as well as for the removal of the consequences of natural calamities, epidemics and epizootic diseases can be attacked only for excess power. (4) In the disputes provided in par. (3) the provisions of art. 14 14 and 21. + Article 6 Administrative-jurisdictional acts (1) Special administrative procedures are optional and free of charge. (2) Administrative acts likely, according to the organic law, to be the subject of a special administrative jurisdiction may be appealed to the administrative court, in compliance with the provisions of art. 7 7 para. (1), if the party understands not to exercise the administrative-jurisdictional procedure. ---------- Alin. ((2) of art. 6 6 has been amended by section 6 6 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) The administrative-jurisdictional act for which, by special organic law, an appeal is provided before another special administrative jurisdiction may be appealed directly to the administrative court, within 15 days of the communication, if the party understands to relinquish the administrative-judicial remedy. ---------- Alin. ((3) of art. 6 6 has been amended by section 6 6 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (4) If the party that has opted for the special administrative jurisdiction or the appeal to another administrative body-the jurisdictional understands to waive it during the settlement of the dispute, is obliged to notify the waiver decision the administrative-judicial body concerned. The party notifies the administrative court within 15 days of the notification. In this situation, the prior administrative procedure provided by art. 7 7 is no longer performed. ---------- Alin. ((4) of art. 6 6 has been amended by section 6 6 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Chapter II Procedure for the settlement of applications in administrative proceedings + Article 7 Prior procedure (1) Before addressing the competent administrative court, the person who considers himself injured in a right of his or her or in a legitimate interest by an individual administrative act must apply to the issuing public authority or the superior hierarchical authority, if it exists, within 30 days from the date of communication of the act, the revocation, in whole or in part, of it. ---------- Alin. ((1) of art. 7 7 has been amended by section 7 7 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. ((1 ^ 1) In the case of the normative administrative act, the prior complaint may be made at ---------- Alin. ((1 ^ 1) of art. 7 7 has been introduced by section 8 8 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) Provisions of para. ((1) are also applicable in the event that the special law provides for an administrative-jurisdictional procedure, and the party has not opted for it. (3) It is entitled to introduce prior complaint and the injured person in a right of his or a legitimate interest, by an administrative act of an individual nature, addressed to another subject of law, from the moment he became aware, on any path, its existence, within the limits of the 6-month period provided in par. ((7). (4) Prior complaint, formulated according to the provisions of par. (1), shall be settled within the period provided for in art. 2 2 para. ((1) lit. h) *). (5) In the case of actions introduced by the prefect, the Ombudsman, the Public Ministry, the National Agency of Public Servants or those who regard the requests of persons injured by ordinances or provisions of the ordinances, as well as in the cases provided in art. 2 2 para. ((2) and in art. 4 the prior complaint is not mandatory. ---------- Alin. ((5) of art. 7 7 has been amended by section 9 9 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (6) Prior complaint in the case of actions involving administrative contracts has the significance of conciliation in the case of commercial disputes, the provisions of the Code of Civil Procedure being applicable accordingly. In this case, the complaint must be made within the 6-month period provided in par. ((7), which will begin to flow: a) from the date of conclusion of the contract, in case of disputes related to its conclusion b) from the date of modification of the contract or, as the case may be, from the date of refusal of the request for modification made by one of the parties, in the case of disputes related to c) from the date of violation of contractual obligations, in the case of disputes related to the execution d) from the date of expiry of the duration of the contract or, as the case may be, from the date of occurrence of any other case that attracts the termination of contractual obligations, in the case of e) from the date of finding the interpretable character of a contractual clause, in the case of disputes related to the interpretation of the contract. ---------- Alin. ((6) of art. 7 7 has been amended by section 9 9 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (7) The prior complaint in the case of unilateral administrative acts may be introduced, for thorough reasons, and beyond the deadline provided in par. ((1), but not later than 6 months after the date of issue of the act. The 6-month term is a statute of limitations *). + Article 8 Subject to judicial (1) The person injured in a right recognized by the law or in a legitimate interest by a unilateral administrative act, dissatisfied with the response received to the prior complaint or who received no reply within the period provided for in art. 2 2 para. ((1) lit. h), may refer the matter to the competent administrative court, to request the cancellation in whole or in part of the act, repairing the damage caused and possibly reparations for moral damages. It can also be addressed to the administrative court and the one who considers himself injured in a right or legitimate interest of or by failing to settle within or by unjustified refusal to settle an application, as well as by refusing. carrying out a certain administrative operation necessary for the exercise or protection of the right or of the legitimate interest. *) ---------- Alin. ((1) of art. 8 8 has been amended by section 10 10 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (1 ^ 1) Individuals and legal persons of private law may make ends of application by which they invoke the defence of a legitimate public interest only in the subsidiary, insofar as the harm of the legitimate public interest derives logically from the infringement subjective law or private legitimate interest. ---------- Alin. ((1 ^ 1) of art. 8 8 has been introduced by section 11 11 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. ((1 ^ 2) By way of derogation from the provisions of paragraph (1), the actions based on the violation of a legitimate public interest may have as object only the annulment of the act or the obligation of the defendant authority to issue an act or another inscription, respectively to carry out a certain administrative operation, under penalty penalties for delay or fine, provided for in art. 24 24 para. ((2) *). ---------- Alin. ((1 ^ 2) of art. 8 8 has been introduced by section 11 11 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) The administrative court is competent to settle disputes arising in the phases prior to the conclusion of an administrative contract, as well as any disputes relating to the conclusion, modification, interpretation, execution and termination. administrative contract. ---------- Alin. ((2) of art. 8 8 has been amended by section 12 12 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) When settling the disputes referred to in par. (2) The rule by which the principle of freedom of contract is subordinated to the principle of priority of the public interest is envisaged ---------- Alin. ((3) of art. 8 8 has been amended by section 12 12 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 9 Actions against Government ordinances (1) The injured person in a right of or in a legitimate interest by ordinances or provisions of the ordinances may bring action to the administrative court, accompanied by the exception of unconstitutionality, to the extent that the object principal is not finding the unconstitutionality of the ordinance or provision in the ordinance. ---------- Alin. ((1) art. 9 9 was amended by the single article of LAW no. 100 100 of 9 May 2008 , published in MONITORUL OFFICIAL no. 375 375 of 16 May 2008. (2) Administrative court, if it considers that the exception meets the conditions laid down by art. 29 29 para. ((1) and (3) of Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished, notifies, by reasoned conclusion, the Constitutional Court and suspends the settlement of the case (3) After the ruling of the Constitutional Court, the administrative court reinstate the case and gives the term, with the citation of the parties. If the order or a provision thereof has been declared unconstitutional, the court shall settle the merits of the case; otherwise, the action shall be dismissed as inadmissible. ---------- Alin. ((3) of art. 9 9 has been amended by section 13 13 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (4) If the decision declaring unconstitutionality is the result of a high exception in another case, the action may be brought directly to the competent administrative court, within the limits of a period of revocation of one year, calculated from the date of publication of the decision of the Constitutional Court in the Official Gazette of Romania ---------- Alin. ((4) of art. 9 9 has been amended by section 13 13 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (5) The action provided for in this Article may have as object the compensation for damages caused by Government ordinances, the annulment of the administrative acts issued on their basis, as well as, as the case may be, the obligation of an authority to publish an administrative act or to carry out a certain administrative operation. ---------- Alin. ((5) of art. 9 9 has been introduced by section 14 14 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 10 Competent court (1) Litigies on administrative acts issued or concluded by local and county public authorities, as well as those concerning taxes, contributions, customs debts, as well as their accessories of up to 1,000,000 lei shall be settle in substance administrative-tax tribunals, and those on administrative acts issued or concluded by central public authorities, as well as those concerning taxes, contributions, customs debt, as well as accessories of the lei more than 1,000,000 lei are solved in substance by the litigation departments administrative and fiscal of appeals courts, if by special organic law it is not provided otherwise. ---------- Alin. ((1) of art. 10 10 has been amended by section 2 2 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. ((1 ^ 1) All applications for administrative acts issued by central public authorities which have as their object amounts representing non-reimbursable financing from the European Union, regardless of value, shall be settled in substance by the accounts of the courts administrative and fiscal of the appellate courts. ---------- Alin. ((1 ^ 1) of art. 10 10 has been introduced by section 3 3 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) The appeal against the sentences handed down by the administrative-tax tribunals is judged by the administrative and fiscal litigation sections of the courts of appeal, and the appeal against the sentences handed down by the administrative and administrative departments fiscal of the courts of appeal is judged by the Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice, if by special organic law it is not provided otherwise. ---------- Alin. ((2) of art. 10 10 has been amended by section 15 15 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) The claimant may apply to the court at his home or that of the defendant's domicile. If the applicant has opted for the court at the defendant's domicile, the exception of the territorial non-competence can not be invoked. + Article 11 The time limit for the action (1) Applications requiring the cancellation of an individual administrative act, an administrative contract, the recognition of the alleged right and the repair of the damage caused may be introduced within 6 months from: a) the date of communication of the response to b) the date of communication of unjustified refusal to settle the application; c) the date of expiry of the deadline for the resolution of the prior complaint, namely the expiry date of the legal deadline for d) the date of expiry of the term provided 2 2 para. ((1) lit. h), calculated from the communication of the administrative act issued in the favorable settlement of the application or, as the case may be, the prior complaint e) the date of conclusion of the minutes of completion of the conciliation procedure in the case of administrative contracts ---------- Alin. ((1) of art. 11 11 has been amended by section 16 16 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) For thorough reasons, in the case of individual administrative act, the application may also be introduced beyond the deadline provided in par. ((1), but not later than one year after the date of communication of the act, the date of notification, the date of application or the date of conclusion of the conciliation report, as the case may be. ---------- Alin. ((2) of art. 11 11 has been amended by section 16 16 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. ((2 ^ 1) In case of suspension, according to the special law, of the procedure for solving the prior complaint, the deadline provided in par. (1) flows after the resumption of the procedure, from the time of its completion or from the expiry date of the legal deadline for resolution, as the case may be, if the deadline provided in par ((2). ---------- Alin. (2 ^ 1) of art. 11 11 has been introduced by section 17 17 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) In the case of actions formulated by the prefect, the Ombudsman, the Public Ministry or the National Agency of Public Servants, the term flows from the date when the existence of the unlawful act was known, being properly applicable the provisions para. ((2). (4) Ordinances or provisions of ordinances that are considered to be unconstitutional, as well as administrative acts of a normative nature that are considered to be unlawful may be appealed at any time. (5) The term provided in par. (1) is the limitation period, and the term provided in par. (2) is the term of revocation. + Article 12 Required documents The applicant shall attach to the action the copy of the administrative act which it attacks or, where appropriate, the response of the public authority to which it is informed of the refusal of its application If the complainant has not received any response to his request, he will file the copy of the application, certified by the number and date of registration with the public authority, as well as any inscription that proves the fulfilment of the procedure prior, if this was mandatory. If the claimant introduces action against the authority that refuses to enforce the administrative act issued following the favourable resolution of the request or the prior complaint, he will file and copy the certificate after this act. ---------- Article 12 has been amended by section 4.2. 18 18 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 13 Citation of parties, relations (1) Upon receipt of the request, the court orders the summoning of the parties and may ask the authority whose act is under attack to urgently communicate to him that act, together with the entire documentation that formed the basis of his issuance, as well as any other necessary works for the case. ---------- Alin. ((1) of art. 13 13 has been amended by section 19 19 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) If the applicant is a third party within the meaning of art. 1 1 para. (2) or when the action is brought by the Ombudsman or the Public Ministry, the court will ask the issuing public authority to urgently communicate to him the act attacked together with the documentation that was the basis of his issuance, as well as any other works needed to resolve the case. (3) As appropriate to the situations referred to in par. ((1) and (2), as the case may be, shall also be carried out in the case of actions aimed at refusing to resolve the application for a right recognized by law or a legitimate interest. ---------- Alin. ((3) of art. 13 13 has been amended by section 19 19 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (4) If the public authority does not send within the deadline set by the court the requested works, its head will be obliged, by interlocutory conclusion, to pay the state, as a judicial fine, 10% of the gross minimum wage for every day of undue delay. + Article 14 Suspension of execution (1) In duly justified cases and for the prevention of imminent damage, after the referral, under the conditions of art. 7, of the public authority that issued the act or of the superior hierarchical authority, the injured person may ask the competent court to order the suspension of the execution of the unilateral administrative act until the court of the court. If the injured person does not bring the action in the annulment of the act within 60 days, the suspension shall cease by right and without any formality. (2) The court shall settle the request for suspension, emergency and in particular, with the citation of the parties. (3) When in question is a major public interest, likely to seriously disrupt the functioning of an administrative public service, the request for suspension of the normative administrative act may also be introduced by the Public Ministry, ex officio or upon referral, provisions of para. ((2) by applying accordingly. (4) The judgment by which the suspension is ruled is enforceable by law. It may be appealed within 5 days of the communication. The appeal is not suspensive of execution. (5) In the event that a new administrative act is issued with the same content as that suspended by the court, it shall be suspended by law. In this case, the prior complaint is not mandatory. (6) No more applications for successive suspension may be made for the same reasons. (7) The suspension of the execution of the administrative act has the effect of terminating any form of execution until the expiry of the suspension ---------- Article 14 has been amended by section 4.2. 20 20 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 15 Request for suspension by main proceedings (1) The suspension of the execution of the unilateral administrative act may be requested by the applicant, for the reasons provided for in 14, and by application to the court competent for the annulment, in whole or in part, of the contested act. In this case, the court may order the suspension of the contested administrative act, until the final and irrevocable settlement of the case. The request for suspension may be made with the main proceedings or a separate action pending the resolution of the action. ---------- Alin. ((1) of art. 15 15 has been amended by section 21 21 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) Provisions art. 14 14 para. ((2)-(7) shall apply accordingly. ---------- Alin. ((2) of art. 15 15 has been amended by section 21 21 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) The judgment given to the application for suspension is enforceable by law and the introduction of the appeal, according to art. 14 14 para. ((4), do not suspend execution. (4) In the event of admission of the substantive action, the measure of suspension, ordered under the conditions of 14, shall be extended by right until the final and irrevocable settlement of the case, even if the applicant has not requested the suspension of the execution of the administrative act pursuant to paragraph ((1). ---------- Alin. ((4) of art. 15 15 has been introduced by section 22 22 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 16 Introduction into account of the official (1) The legal claims provided for by this law may also be made personally against the person who contributed to the elaboration, issuance or conclusion of the act or, as the case may be, guilty of refusing to resolve the request relating to a as a subjective or a legitimate interest, if payment of compensation is claimed for the damage caused or late. If the action is admitted, that person may be liable for payment of compensation, in solidarity with the public authority. ---------- Alin. ((1) of art. 16 16 has been amended by section 23 23 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) The person acting in such a court may call upon his superior hierarchical superior, from whom he has been ordered written to elaborate or not to elaborate the act. + Article 16 ^ 1 The introduction in question of other subjects of law The administrative court may, on request, enter into question the interested social bodies or, ex officio, discuss the need for the introduction concerned and of other subjects of law. ---------- Article 16 ^ 1 has been introduced by item 1. 24 24 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 17 Judgment of applications (1) Applications to the court are adjudicated urgently and especially in public sitting, in the panel established by law. (2) For the requests made under this law, the stamp duties provided for by Law no. 146/1997 on stamp court fees, with subsequent amendments and completions, for non-evaluable cases in money, except for those who have as their object the administrative contracts, which will charge to the value. (3) The decisions shall be drawn up and shall be reasoned no later than 30 days after the ruling. ------------- Alin. ((3) of art. 17 17 has been amended by section 25 25 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 18 The solutions the court can give (1) The court, resolving the application to which art. 8 8 para. ((1), may, as the case may be, cancel, in whole or in part, the administrative act, to oblige the public authority to issue an administrative act, to issue another inscription or to carry out a certain administrative operation. ---------- Alin. ((1) of art. 18 18 has been amended by section 26 26 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) The court is competent to rule, outside the situations provided in art. 1 1 para. ((6), and on the legality of the administrative operations that were the basis for the issuance of the act subject to judgment. ---------- Alin. ((2) of art. 18 18 has been amended by section 26 26 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) In the case of the resolution of the application, the court will also decide on compensation for the material and moral damages caused, if the complainant has requested it. (4) When the object of the action in administrative litigation forms an administrative contract, depending on the state of affairs, the court may: a) it has its cancellation, in whole or in part; b) compels the public authority to conclude the contract to which the applicant is entitled; c) impose on one of the parties a certain obligation d) the consent of a party, when the public interest requires it e) compels to pay compensation for material and moral damages. (5) The solutions provided in par. ((1) and para. ((4) lit. b) and c) may be established under penalty of a penalty applicable to the obligated party, for each day of delay. ---------- Alin. ((5) of art. 18 18 has been amended by section 26 26 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (6) In all situations, the court may determine, by device, at the request of the interested party, a term of execution, as well as the fine provided for in art 24 24 para. ((2) *). ---------- Alin. ((6) of art. 18 18 has been introduced by section 27 27 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 19 Limitation period for compensation (1) When the injured person asked for the annulment of the administrative act, without asking at the same time for compensation, the limitation period for the compensation application flows from the date on which he met or had to know the extent of the damage. ((2) Applications shall be addressed to the competent administrative courts within the period of one year provided for in art. 11 11 para. ((2) *). ((2 ^ 1) Provisions of para. ((1) and (2) shall also apply to administrative contracts. ---------- Alin. (2 ^ 1) of art. 19 19 has been introduced by section 28 28 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (3) Applications referred to in par. (2) are subject to the rules of this law regarding the court procedure and stamp duties. + Article 20 Appeal (1) The judgment given in the first instance may be appealed, within 15 days of the communication. ---------- Alin. ((1) of art. 20 20 has been amended by section 29 29 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. (2) The appeal suspends the execution and is adjudicated by (3) In the case of admission of the appeal, the appeal court, casing the sentence, will retry the dispute in substance. When the judgment of the first court was rendered without judging the substance or if the judgment was made in the absence of the party that was unlawful cited both in the administration of the evidence and at the debate of the fund, the case will be sent, once, to this Court. If the trial in the first instance was done in the absence of the party that was unlawful cited at the administration of the evidence, but was legally cited at the fund's debate, the appeal court, casing the sentence, will retry the dispute in substance. ---------- Alin. ((3) of art. 20 20 has been amended by section 4 4 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 21 Extraordinary remedies ((1) Abrogat. ---------- Alin. ((1) of art. 21 21 has been repealed by section 6.6. 5 5 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) It is a reason for revision, which is added to those provided by the Code of Civil Procedure, the delivery of final and irrevocable decisions in violation of the principle of priority of Community law, regulated by art. 148 148 para. (2), in conjunction with art. 20 20 para. (2) of the Romanian Constitution, republished. The application for revision shall be inserted within 15 days of the communication, which shall be made, by way of derogation from the rule established by art. 17 17 para. (3), at the duly substantiated request of the interested party, within 15 days of the ruling *) Constitutional Court Decision no. 1.609/2010 ] The request for review shall be resolved urgently and in particular within a maximum period of 60 days after registration. ---------- Alin. ((2) of art. 21 21 was reinstated as a result of the unconstitutional declaration of Legit no. 299 299 of 21 December 2011 , published in MONITORUL OFFICIAL no. 916 916 of 22 December 2011 by CONSTITUTIONAL COURT DECISION no. 1.039 1.039 of 5 December 2012 , published in MONITORUL OFFICIAL no. 61 61 of 29 January 2013. Alin. ((2) art. 21 21 is reinstated in the form previously referred to Law no. 299 299 of 21 December 2011 , published in MONITORUL OFFICIAL no. 916 of December 22, 2011, and by declaring unconstitutional the provisions of the second sentence of par. ((2) art. 21 according to the Constitutional Court Decision no. 1.609 1.609 of 9 December 2010 , published in MONITORUL OFFICIAL no. 70 70 of 27 January 2011. ---------- ---------- Article 21 has been amended by point 30 30 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Chapter III Execution procedure + Article 22 Enforceability The final judicial decisions rendered according to the present law are enforceable titles. ---------- Article 22 has been amended by section 6 6 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 23 Publication obligation The final and irrevocable court decisions annulled in whole or in part an administrative act of a normative nature are generally binding and have power only for the future. They shall be published mandatory after the reasoning, at the request of the courts, in the Official Gazette of Romania, Part I, or, as the case may be, in the official monitors of the counties or of the city of Bucharest, being exempt from the payment of publication ---------- Article 23 has been amended by section 6.6. 32 32 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 24 Enforcement obligation (1) If following the admission of the action the public authority is obliged to conclude, replace or amend the administrative act, to issue another document or to carry out certain administrative operations, the execution of the final decision shall be made willingly within the period provided for therein, and in the absence of such a term, no later than 30 days after the date of final stay of the judgment. (2) If the debtor does not willingly execute his obligation, it shall be carried out by forced execution, covering the procedure provided for by this law. (3) At the request of the creditor, within the limitation period of the right to obtain the forced execution, which flows from the expiry of the deadlines provided in par. (1) and which have not been complied with, the court of execution, by final conclusion given with the citation of the parties, applies to the ruler of the public authority or, as the case may be, to the person obliged a fine of 20% of the gross minimum wage per delay, which is made income to the state budget, and the applicant grants him penalties, under the conditions of art. 905 of the Code of Civil Procedure. (4) If within 3 months from the date of communication of the conclusion of the application of the fine and the granting of penalties the debtor does not execute the obligation provided for in the enforceable title, the executing court, at the request of the creditor, will fix the final amount will be due to the state and the amount that will be due to him as penalties, by decision given with the citation of the parties. At the same time, the court will determine, under the conditions of art. 891 of the Code of Civil Procedure, the compensation that the debtor owes to the creditor for the non-execution in kind of the obligation. (5) In the absence of the creditor's request, after the deadline provided in par. (4), the civil enforcement department of the executing court will ask the public authority for relations relating to the execution of the obligation contained in the enforceable title and, if the obligation has not been fully executed, the executing court will fix the final amount that will be due to the state by decision given with summoning the parties ---------- Article 24 has been amended by section 4.2. 1 1 of art. IV of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Article 25 Court of Enforcement (1) The enforcement court, which in the matter of administrative litigation is, according to art. 2 2 para. ((1) lit. t), the court that settled the fund of the administrative litigation, applies, respectively, grants the sanction and penalties provided for in art. 24 24 para. (3), without the need to invest with the enforceable formula and the consent of the execution forced by the bailiff. (2) Applications provided for in art. 24 24 para. ((3) and (4) shall be judged in the council chamber, as a matter of urgency and shall be exempt from the stamp duty. (3) The judgment given in art. 24 24 para. (4) is subject only to the call within 5 days of communication. If the judgment was delivered by the court of appeal she will be subject to the appeal, at the same time. (4) The provisions of par. ((1)-(3) shall apply, accordingly, also for the implementation of the administrative decisions given for the settlement of disputes that have had as their object administrative contracts. ---------- Article 25 has been amended by section 6.6. 2 2 of art. IV of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. + Article 26 Action in setback The head of the public authority may proceed with action against those guilty of non-execution of the judgment, according to the If the guilty are dignitaries or civil servants, special regulations apply. ---------- Article 26 has been amended by section 6.6. 35 35 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Chapter IV Transitional and final provisions + Article 27 Judgment of pending cases 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 28 Completion with the common law (1) The provisions of this Law shall be supplemented by the provisions of the Civil Code and those of the Code of Civil Procedure, insofar as they are not incompatible with the specifics of the power relations between public authorities, on the one hand, and persons injured in their legitimate rights or interests, on the other. ---------- Alin. ((1) of art. 28 28 has been amended by section 9 9 of art. 54 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) The administrative court may not suspend the judgment of the matter when the prosecution for a crime committed in connection with the contested administrative act began, if the complainant-the injured person-persists in the continuation Judgment of the matter. ((3) The actions brought by persons governed by public law and by any public authority, in the defence of a public interest, as well as those introduced against normative administrative acts, can no longer be withdrawn, unless they are formulated and for the protection of the rights or legitimate interests of which natural or legal persons of private law may dispose. ---------- Article 28 has been amended by section 6.6. 36 36 of art. I of LAW no. 262 262 of 19 July 2007 , published in MONITORUL OFFICIAL no. 510 510 of 30 July 2007. + Article 29 Terminological correlation Whenever in a special law prior to this law reference is made to Law of Administrative Litigation no. 29/1990 or generic to the administrative court, the reference shall be made to the corresponding provisions of this law. + Article 30 Transitional provisions Until the administrative-fiscal courts are established, the disputes shall be settled by the administrative departments of the courts. + Article 31 Entry into force (1) The present law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. (2) The same date shall be repealed Law of Administrative Litigation no. 29/1990 , published in the Official Gazette of Romania, Part I, no. 122 122 of 8 November 1990, as amended, and any other provisions to the contrary. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALER DORNEANU
p. SENATE PRESIDENT,
DORU IOAN TARACILA Bucharest, December 2, 2004. No. 554. -------