7. Discuţii despre termenul de formulare a unei acţiuni în anularea actului administrativ individual
7. Discussion on the time limit for bringing an action for annulment of an individual administrative act

Summary/Abstract: The article analyzes the legal regime of the time limits provided for by Article 11 of Law no. 554/2004 on administrative litigation, namely the 6 month term qualified as prescription and the 1 year term qualified as forfeiture. The study aims at delimiting the concepts of prescription and limitation, analyzing their compatibility with common law and establishing how they can be invoked in court, with an emphasis on the differences between substantive and procedural limitation. The preliminary conclusion emphasizes that the 6 month time limit is a prescription subject to the rules of the Civil Code, and the 1 year time limit is a period of material lapse, which extinguishes the right to request the annulment of the administrative act if it is not respected. The aim of the paper is to clarify the interpretation of these institutions so that their application becomes predictable and consistent in practice.

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