Consideration Regarding the Exercise of Legality Control by the Prefect According to the Romanian Administrative Code
Consideration Regarding the Exercise of Legality Control by the Prefect According to the Romanian Administrative Code

Author(s): Eugenia Iovănaş
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: prefect; administrative acts; legality control; public property;
Summary/Abstract: According to Article 122 (4) of the Constitution, ‘The prefect may challenge, before the administrative litigation court, an act of the county council, the local council, orthe mayor, if he considers the act illegal.’ The administrative control also strengthens the principle of decentralisation in the domain of public administration by the authority it gives the prefect to use the legal means specifically to control notification and order - and to establish which of the issued acts are illegal. From the content of the legal provisions listed above, it clearly results that the local public authority decides, in exercising its powers, only through decisions, in all fields attributed by law. Article 129 (6)(b) of the Administrative Code regulates the law of local councils to ‘give in free use, for a limited time, movable assets and real estate, public or private, local or county property, as the case may be, to companies with no lucrative purpose, which develop charitable or public utility or public service activities’. The court of law has the duty to delimit the categories of these decisions, according to their legal nature of administrative acts, acts of civil law, commercial law, etc., with the consequence of delimiting the material competence of the administrative legal department in relation to other courts. In order for the decisions adopted to constitute adopted acts/issued as public power, even if censored under the conditions of the administrative legal department, they must aim at the public or public property. However, the prefect’s prerogatives are limited, on the one hand, by the term by which he/she can operate upon certain illegal acts, and on the other hand by the fact that only the current management acts are not subject to control. In the interpretation of the provisions of Article 3 of the Administrative Disputes Law no. 554/2004, with subsequent amendments and completions, correlated with the provisions of Article 19 paragraph (1) letters a) and e) of Law no. 340/2004 regarding the prefect and the institution of the prefect, republished, with subsequent amendments and completions, and Article 123 paragraph (5) of the Constitution, the prefect is recognised the right to challenge before the administrative disputes court the administrative acts issued by local public administration authorities, within the meaning of the provisions of Article 2 paragraph (1) letter c) of the Administrative Disputes Law no. 554/2004, with subsequent amendments and additions.

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