Considerații privind atacarea de către prefect în contencios administrativ a actelor autorităților administrației publice locale
Considerations regarding the challenge by the prefect in administrative litigation courts of the acts of the local public administration authorities

Summary/Abstract: The prefect, according to the provisions found in art. 123 para. (2) and (5) of the Romanian Constitution, as well as in art. 249 para. (1), (2) and (4) of the Administrative Code, fulfils three different roles. The first of these is that of the representative of the Government at the local level, the second is that of the leader of the deconcentrated pub lic services of the ministries and of the other bodies of the central public administration in the administrative territorial units, and the third is embodied in the attribution of verifying the legality of administrative acts of the local public administration authorities, as well as the right to challenge an act of the county council, the local council or the mayor, in the situation when he considers it illegal, before the administrative litigation courts, an action that will have the effect of the legal suspending of the contested act. The administrative act represents the main legal form through which the activity of local public administration authorities materializes, and its issuance or adoption, as well as its entire content, must be subject to the principle of legality. This paper aims to show which are the documents subject to the legality control carried out by the prefect, the requests he can claim, as well as some aspects related to the procedure that will be followed in front of the administrative litigation courts.

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