Normative Administrative Act
Normative Administrative Act

Summary/Abstract: Current legal reality indicates growing tendencies of the Romanian administration in adopting legal administrative instruments with the purpose of regulating different areas of both local and central interest, such as organizing institutions, establishing local taxes, fiscal competences and internal procedures, with the consequence of limiting some rights or protecting the others. These trends are determined, on one hand, by the slow and difficult process of adopting the laws by the Parliament and, on the other hand, by the administration’s tendency to clarify, explain or interpret the gaps or inaccuracies of laws or to “adjust “the laws in its own interest. From the perspective of the state of law, the administration can act only through the adoption of secondary law-making acts, respectively only upon specific legislative ability and cannot act against the law. The rule of law requires that the normative administrative act should be in accordance with the law. This stage in the normative hierarchy refers to several aspects. Normative administrative act can be adopted only according to the law. It is subsequent to the law. This means that it cannot intervene unless it puts a law into force. It cannot, on the other hand, add anything to the law. Any administrative provision with tends to regulate primary and not subsidiary to the law is devoid of legal efficiency. The content of the normative administrative act must be in accordance with the law which is authorizing it. The law and doctrine state that a normative administrative act is adopted only in the organization and enforcement of the law. Public authorities can only interpret the law in the organization and enforcement of which they shall issue normative administrative acts. This interpretation is not authentic, nor mandatory for the courts, which have jurisdictional control over these acts. Seen as a source of law, normative administrative act is the only one which can be censored by ordinary courts of justice, giving it a special status within the constitutional order.

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