Securitate juridică și potențial caz de retroactivitate prin prisma noului termen administrativ de soluționare a cererilor de dobândire și redobândire a cetățeniei române
Legal Certainty and Potential Retroactivity Considering the New Administrative Deadline for Resolving Applications for Acquiring and Regaining Romanian Citizenship
Author(s): Gabriel-Valeriu PașcuiSubject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Editura Solomon
Keywords: National Citizenship Authority; regaining citizenship; judicial practice; unjustified refusal; deadline for resolving the claim; legal certainty; non-retroactivity;
Summary/Abstract: The legislator has demonstrated that there are situations in which, although the petitioner relies on a specific administrative deadline when filing a claim, this deadline may be modified at the discretion of the legislator throughout the process of resolving the claim. Furthermore, judicial practice has been inventive and has offered solutions whereby an application that was not premature at the time of filing became premature during the proceedings due to legislative changes. In this context, legal certainty and the principle of non-retroactivity of the law have become nothing more than illusions and hopes for litigants.
Journal: Jurnalul Baroului Cluj
- Issue Year: 2025
- Issue No: 2
- Page Range: 35-44
- Page Count: 10
- Language: Romanian
