Contestarea de către funcționarul public a ordinului sau a dispoziției de imputare – efect de suspendare ipso iure?
Challenge by the civil servant to the charging order or provision - ipso iure suspension effect?

Summary/Abstract: The requests of civil servants before the courts of administrative litigation, with a view to suspending the execution of an order or provision of imputation until the resolution of the action on the merits, have generated a non-unitary judicial practice. From the analysis of the case law of the authorities, it appears that the legal problem generated by the application of the provisions of art. 500 par. (3) of the Administrative Code [former art. 85 par. (21) of Law no. 188/1999] is not very recent. However, it should be noted that the practice according to the Administrative Code admits, expressly or implicitly, that art. 500 par. (3) of the Administrative Code is equivalent to a legal suspension of the act of imputation as an effect of its contestation. The subject of reflection of this article is represented by the effect produced by the contestation of the order or the provision of imputation, respectively if, in the conception of art. 500 of the Administrative Code, by exception, the formulation of the preliminary complaint and the request for cancellation of the act of imputation lead to the suspension of the execution of the act until the final settlement of the dispute. The charge order or provision made by the head of an authority or a public institution shall have the legal nature of a budgetary debt instrument, and on the date on which they remain final by not attacking it or rejecting appeals for annulment, they become enforceable titles which can be enforced in accordance with the provisions of the Code of Tax Procedure, such is the meaning of the notion of enforceable title referred to in art. 500 par. (3) of the Administrative Code. Only apparently art. 500 par. (3) of the Administrative Code establishes an exception to the enforceability of the administrative act, so that the interpretation of this text as meaning that, with the introduction of the action for annulment of the order or provision charge, the legal suspension of the execution of the administrative act is not correct. It is noted that there is confusion as to the existence of a legal suspension of the order or of the imputation provision challenged in court, confusion between the enforceability of the administrative act and its enforceability, in the sense forced execution. Contrary to the meaning of the expression „ex officio enforceability”, the expression „executory title” of the content of the text of art. 500 par. (3) of the Administrative Code has the meaning of enforceable title in the sense of execution. The circumstance that the enforceability is of the essence of the administrative act represents an additional argument according to which the suppression of this character must be expressly provided for and one cannot speak of a suspension ope legis in the absence of a express regulations.

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