Semnificația sintagmei „motive temeinice”, prevăzută de art. 11 alin. (2) din Legea nr. 554/2004 a contenciosului administrativ
The meaning of the phrase „reasonable grounds”, provided by Article 11 (2) of the Law No 554/2004 on Administrative Proceedings

Summary/Abstract: This study aims to analyse the meaning of the term „reasonable grounds” enshrined in paragraph (2) of Article 11 of Law No 554/2004 on Administrative Proceedings. Neither the relevant framework law, nor any other regulation defines this concept, which creates problems in practice. The tendency in case law is to consider that „reasonable grounds” must be understood as a situation beyond the person’s control, insurmountable, in case of force majeure or fortuitous event. The present study seeks to correct this view and to promote the interpretation that the notion can be understood both in the sense mentioned above and in one where the parties use administrative methods to prevent a dispute from arising.

• Details
• Contents