13. Revocarea actului administrativ individual de către autoritatea publică emitentă, după ce a intrat în circuitul civil şi a produs efecte juridice. Nelegalitate
13. Revocation of the individual administrative act by the issuing public authority after it has entered into civil circulation and produced legal effects. Unlawfulness

Summary/Abstract: Revocation is the legal operation by which the issuing body of an administrative act or the superior hierarchical body abolishes that act, it being known that, when revocation is pronounced by the issuing body, it is also called withdrawal. Revocation is therefore a particular case of nullity, but at the same time it is also a rule, a fundamental principle of the legal regime of administrative acts, which results from Articles 21 and 52 of the republished Constitution, as well as from the provisions of Law No 554/2004 on administrative litigation, which maintains the mandatory nature of the prior procedure. The principle of revocability of administrative acts appears as a natural effect of the features of public administration, of the very raison d'être of administrative acts, given that the organisational structure of public administration is based on certain rules, including hierarchical administrative subordination, and thus the revocation of administrative acts appears as a rule, a principle of the functional structure of public administration. In recent doctrine, it is argued that the revocability of administrative acts is a general principle of the activity of public administration authorities that finds its applicability due to the dynamics of public administration activity, and the principle of revocability of administrative acts has become a constant in Romanian public law. However, it should be noted that, unlike normative administrative acts which are always and at any time revocable, individual administrative acts are in principle revocable, with several categories of exceptions, including administrative acts which have entered into the civil circuit and have produced legal effects.

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