40. Refuz nejustificat de emitere a unui act administrativ. Inexistența obligației privind parcurgerea procedurii speciale prealabile prevăzute de lege
40. Unjustified denial of issuing an administrative act. The non-existence of the obligation regarding the completion of the prior special procedure provided for by law

Summary/Abstract: It does not follow, in conjunction with the administrative answer communicated to the appellant claimant, that the decision represents the administrative act by which the application of the provisions of the Government Decision no. 917/2018 was verified with a view to grant the rights requested by the appellant claimant in the light of the provisions of Law no. 153/2017, since the respondent communicated, according to the above mentioned provisions, with reference to the request for paying this bonus under the terms of these legislative acts, the fact that “as the basic salary due for January for the position held by him (obtained by increasing by 25% the level of the basic salary paid for December 2017) was smaller than the basic salary for the year 2022, it was paid the basic salary calculated according to the provisions of art. 38 para. 3) letter a).”, consequently, the denial of issuing an administrative act was expressed and justified in this manner, however, without issuing an administrative act for the establishment of bonus level for harmful conditions by reference to these regulatory provisions. The judicial action taken by the appellant claimant does not aim at the situation of annulment of certain individual administrative acts as regards the manner of establishment of the level of salary entitlements within the meaning of the provisions of art. 37 of Law no. 153/2017, and thus, Decision no. 9/2017 of the High Court of Cassation and Justice shall not be applicable, so that the provisions regarding the completion of the prior procedure were not applicable to the appellant claimant, and the substantive rules acknowledged by the judgment under appeal to be applicable in terms of the solution given in relation to the plea of inadmissibility shall not be compliant with the facts resulted from the proceedings of the case file.

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