Special regime for extending the validity of the documents issued by institutions, public authorities and authorized private entities during the state of emergency and of alert Cover Image
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Regimul special de prelungire a valabilității documentelor eliberate de instituții, autorități publice și entități private autorizate în perioada stării de urgență și de alertă
Special regime for extending the validity of the documents issued by institutions, public authorities and authorized private entities during the state of emergency and of alert

Author(s): Gabriel Manu
Subject(s): Constitutional Law
Published by: Uniunea Juriștilor din România
Keywords: public administration; state of emergency; alert status; documents issued by institutions, public authorities and private entities; extension of validity; accessibility; predictability; secondary regu

Summary/Abstract: The national system of public administration is subject to the impact of the medical-sanitary crisis in various forms, on all levels of organization, being additionally responsible and obliged to identify solutions of a normative and administrative nature. One of the important negative effects generated by the current medical-sanitary crisis is the impossibility of the administration to ensure the continuity of activities whose realization is conditioned by administrative authorization, by extension/renewal of authorizations, approvals, agreements, etc., making use of some acts during the validity period, in the sense of giving them the effects provided by law, or the exercise of some personal rights, on the basis of some documents (such as identity documents) when they are in the period of validity. The lack of an infralegal normative framework, of secondary regulation, establishing the scope of the documents the validity of which is extended during and beyond the cessation of special states of emergency and of alert and the conditions in which the prorogation of validity operates, leads to a non-unitary application of the normative act of primary regulation, which includes a general formulation, and inevitably at an additional pressure on the specialized administrative contentious courts, which will be notified either by their holders/beneficiaries, or by third parties whose rights and legitimate interests are harmed.

  • Issue Year: 2020
  • Issue No: 08
  • Page Range: 114-127
  • Page Count: 14
  • Language: Romanian