Raportul stabilit de Codul administrativ cu Legea nr. 554/2004 a contenciosului administrativ din perspectiva normelor de tehnică legislativă
Relationship established by the Administrative Code with Law no. 554/2004 on contentious-administrative procedure from the perspective of legislative technique rules
Author(s): Anca-Jeanina NiţăSubject(s): Law, Constitution, Jurisprudence, Civil Law, Public Administration, Administrative Law
Published by: Universul Juridic
Keywords: dysfunctionalities of legislative technique; public authority; public service; legislative parallels;
Summary/Abstract: This article is intended to represent a challenge for debates about the extent to which under the G.E.O. no. 57/2019 on the Administrative Code, the dysfunctionalities related to the legislative technique were removed They are surprising – from the analyzed aspect – some of the positive aspects of the regulation, but also the non-correlation of the definitions given by the Administrative Code to the notions of “public authority” and “public service” with those given by Law no. 554/2004, able to generate new legislative parallels. Furthermore, it is indicated the possibility that the mismatch of the legal provision with the constitutional provisions representing the basis of the contentious-administrative institution [Art. 52 and Art. 126 paragraph (6)] be invoked against the drafting of Art. 240 paragraph (2) of the Administrative Code.
Journal: Revista de Drept Public
- Issue Year: 2019
- Issue No: 04
- Page Range: 61-69
- Page Count: 9
- Language: Romanian
- Content File-PDF