A few reflections on the need to reconsider the action in deficiency in the Romanian administrative law Cover Image
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Câteva reflecţii asupra necesităţii reconsiderării acţiunii în carenţă în dreptul administrativ român
A few reflections on the need to reconsider the action in deficiency in the Romanian administrative law

Author(s): Anton Trăilescu
Subject(s): Administrative Law
Published by: Uniunea Juriștilor din România
Keywords: action in deficiency; European Union law; administrative disputes; elements of the action; conditions of admissibility; enforcement court;

Summary/Abstract: Starting from the specifics of the action in deficiency in the European Union law, the author pleads for the reconsideration of this action in the Romanian administrative law, as a legal means of stimulating the public administration in exercising the attributions regarding the organization of the law enforcement, so that it can become concretely applicable. In this sense, there are presented the theoretical and practical considerations that converge towards the recognition in our law as well of the defective action in accordance with the provisions of the European Union law, as well as the proposals de lege ferenda regarding the reconfiguration of the legal regime of this action.

  • Issue Year: 2021
  • Issue No: 06
  • Page Range: 98-108
  • Page Count: 11
  • Language: Romanian