Controlul judiciar asupra administraţiei publice. Contenciosul administrativ (partea a II-a)
Judicial control over public administration. Administrative matters of law (Part 2)

Summary/Abstract: Administrative matters of law, regulated under Law No. 554/2004, evince a number of characteristic features. This type of control comes after adoption or implementation of the administrative act, while it checks legality of already taken measures, not measures to be taken in the future. At the same time, the judicial control has a subsidiary nature for it is only carried on following an attempt to restore legality, based on a complaint, in the form of gracious appeal or hierarchical appeal. It is a control over legality, not over appropriateness, which means that the court shall reject the petitioner’s lawsuit if it is based on inappropriateness of an administrative act. Also, this form of control is exercised both over administrative certificates of authority and public administration contracts.

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