10. Administrative action. Unjustified refusal of issuing a gun permit Cover Image
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10. Act administrativ. Refuz nejustificat de emitere a unei autorizații de deținere armă
10. Administrative action. Unjustified refusal of issuing a gun permit

Author(s): Andreea Tabacu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: misuse of administrative discretion; gun permit issuance conditions; public order risk assessment; authority’s appreciation limits;

Summary/Abstract: The unjustified refusal, defined by art. 2 paragraph (1) letter i) of Law no. 554/2004 as the explicit expression, with misuse of powers, of the will of not solving the request submitted by a person, shall be examined in the light of exercising the appreciation right of the public authorities by breach of the limits of their competencies provided by law or by breach of the citizens’ rights and freedoms [art. 2 paragraph (1) letter n) of the same law]. In this case, according to art. 14 paragraph (1) letter f) of Law no. 295/2004, the person requesting the gun permit shall not present any danger to public order, to people’s life and integrity etc., as the smallest doubt related to this condition may determine a justified refusal of the authority to issue the gun permit.

  • Issue Year: 2015
  • Issue No: 04
  • Page Range: 76-81
  • Page Count: 6
  • Language: Romanian
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