Sanctions and other causes of ineffectiveness of the fiscal administrative act, as well as their effects Cover Image
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Sancțiuni și alte cauze de ineficacitate a actului administrativ fiscal, precum și efectele acestora
Sanctions and other causes of ineffectiveness of the fiscal administrative act, as well as their effects

Author(s): Alin Trailescu
Subject(s): Civil Law, Public Law, Administrative Law
Published by: Uniunea Juriștilor din România
Keywords: fiscal administrative acts; administrative acts of authority; sanctions; ineffectiveness; legal effects;

Summary/Abstract: In this study, the author analyzes, based on the legislation, doctrine and case law relevant in the matter, the causes of ineffectiveness of the fiscal administrative acts, as well as their legal effects. In this sense, we started our approach with the individualization of the fiscal administrative acts in the light of their characteristic features, distinguishing them from the administrative acts of authority with a normative or individual character, from the technical-administrative operations and from the fiscal acts of enforcement. Further on, the author carries out a detailed analysis of the sanctions applicable to the fiscal administrative acts, which represent the main causes of the ineffectiveness of these acts, focusing our attention on the sanctions of non-existence and nullity in fiscal matters.Criticism of some deficient legal provisions are also formulated, accompanied by de lege ferenda proposals, as well as by de lege lata solutions that should respond to the controversial issues in the doctrine and the case law in the matter.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 125-152
  • Page Count: 28
  • Language: Romanian