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Unele aspecte privind acţiunea împotriva ordonanţelor Guvernului
Specific aspects of action against Government Orders

Author(s): Alin Trăilescu A., Anton Trăilescu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: ordinances; decisions; unconstitutional; object; parties; prior procedure; indemnification

Summary/Abstract: This study emphasizes the specific aspects of the action in administrative litigation stemming from government ordinances declared unconstitutional, which distinguishes it from the typical action in administrative litigation. These specific issues concern the conditions of admissibility and the period within which this special action may be promoted in administrative litigation, the prior procedure, the court proceedings and the remedies that the court may decide. Also, this study presents comments on the effects of decisions to declare the unconstitutionality of government ordinances in proceedings having as object the annulment of administrative acts issued on the basis of these ordinances and criticism of wrong jurisprudential solutions from the point of view of the authors.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 153-155
  • Page Count: 3
  • Language: Romanian