Valences and inadvertences in the constitutional and legal regulation of acts subject to the administrative tutelage control of the prefect
Valences and inadvertences in the constitutional and legal regulation of acts subject to the administrative tutelage control of the prefect

Summary/Abstract: This paper aims to discuss the variables of exerting the administrative tutelage control by the Prefect, a prerogative related to the sphere of administrative litigation, as regulated by Law no. 554/2004. It showcases the current constitutional and legal status of the Prefect in Romania, analysing the provisions of article 123 of said law, from the section concerning local public administration. It makes note of the provisions of Emergency Ordinance no. 57/2019 on the Administrative Code referring to local public authorities and it underlines some inadvertences of the regulation. It invokes the decisions of the High Court of Cassation and Justice – the Panel for solving certain legal questions, which brought to an end the case law controversies concerning the types of acts which are subject to the administrative tutelage control. The author argues that the dispute – yet unsolved, concerning the measure in which such regulations can add to the constitutional text, by means of organic law, another legal subject – i.e., the president of the county council, whose acts are thus subject to the legality control of the Prefect – requires legislative intervention. It concludes by expressing the opinion according to which, until the Constitutional shall be amended, and the infra-constitutional provisions as well, the acts of the county council president cannot be left out of the objective litigation set into motion by the prefect.

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