Suspension of the execution of the administrative act with normative character
Suspension of the execution of the administrative act with normative character

Summary/Abstract: Suspension of an administrative act is the legal institution available to injured parties who consider that they have a harmed right or legitimate interest, by which, in certain cases specifically provided by law can obtain the suspension of the legal effects of an administrative act for a certain period of time. The suspension is conditioned by the existence of a well-reasoned case and by preventing an imminent harm, in order to allow a judge to decide it. It is a derogation from the principle that administrative acts are mandatory and enforceable ex officio and it has been legally regulated to give interested parties the protection of certain rights which may be irreparably or with huge efforts fixed through illegal acts of the administration, which were cancelled by the court of justice. The matter is based on the provisions of art. 14 and 15 of Law no. 554/2004 on administrative contentious. The legal provisions regulate two different situations. Article 14 establishes the situation when the suspension of the administrative act is requested before the court has been noticed with the action for cancelling the administrative act and the suspension can be decided until the court will decide on the substance, respectively the rule of art. 15 regulates the situation when the request for suspension can be submitted in the same time with the main legal action for cancelling the act or by separate request and the suspension may be ordered until the final and irrevocable resolution of the case. In the particular case of the administrative act with normative character, the suspension has the consequence of suspending all legal effects and consequently the suspension of any individual administrative acts issued on its ground.

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