17. Dreptul de apreciere conferit Executivului, prin lege, în privinţa emiterii unei hotărâri de Guvern cu un anumit conţinut. Limitele exercitării dreptului de apreciere. Controlul efectuat de instanţa de contencios administrativ
17. The appreciation right conferred to the Executive by law, in relation to the issue of a Government Decision with a particular content. Limits on the exercise of the appreciation right. The control performed by the administrative court

Summary/Abstract: Art. 9 of the Bylaws of the National Oil Company „Petrom” - S.A. Bucharest set forth in Appendix no. 1 to the G.E.O. no. 49/1997, as amended by art. V item 2 of the Government Ordinance no. 55/2003, confers to the Romanian Government a margin of appreciation in issuing the decision that will determine the percentage shares and the moments which they consider to be appropriate for the purchase by employees, of the company’s shares. For the purpose of the considerations of the Decision of the Constitutional Court no. 1421 of 20 October 2011, in relation to the provisions of art. 52 of the Constitution, the administrative court vested pursuant to Law no. 554/2004 with an action aiming at the unjustified refusal to issue the respective judgment, has jurisdiction to consider whether the Executive has exercised its appreciation right in considering the principle of proportionality, which requires the compliance with a reasonable balance between the public interest and the legitimate rights and interests of the injured person. Even if the cited provisions do not establish a period in which the Government is obligated to issue the respective decision, the control exercised by the administrative court is the expression of its jurisdiction to examine the administration behavior during the process of the execution organization and actual enforcement of the law, this being the reason for which the Law no. 554/2004 confers to the plaintiff the opportunity to get through the action brought in the administrative court, the recognition of its legitimate rights or interests in the assumption in which their injury is the result of the excess of power defined in art. 2 para. (1) letter n) of the Law.

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