Necesitatea și oportunitatea emiterii actelor administrative. Semnificație
Necessity and timeliness of issuing administrative acts. Meaning

Summary/Abstract: This article presents some considerations concerning the legality-opportunity correlation over time, namely: in the post-war period and in the post-communist period. The analysis of the general theory of the administrative act raised this issue in the past. The traditional dispute between the two Schools of public law, one from Bucharest and the other from Cluj, ended with the definition of excess of power in the Administrative Litigation Law no. 554/2004. This problem presents a practical importance because it is reflected in the control exercised by the administrative litigation court over the administrative acts issued with excess of power. The Administrative Code refers to the administrative acts of the Government, of the ministers, of the heads of the central bodies of the public administration and of the elected local authorities as acts whose necessity and opportunity depend on the issuing authority. These legal provisions once again call into question the scope of the control of the administrative litigation court regarding the right of appreciation of the public authorities issuing the contested administrative acts.

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