Administrative Decision - Administrative Act and/or Voluntary Process. A View of the Acts Issued by the National Energy Regulatory Authority in the Process of Applying Sanctions to the Operator’s Turnover
Administrative Decision - Administrative Act and/or Voluntary Process. A View of the Acts Issued by the National Energy Regulatory Authority in the Process of Applying Sanctions to the Operator’s Turnover

Author(s): Ionela Alina Zorzoană, Mihaela Victorița Cãrãușan
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Law on Economics, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: decision-making act; consensus; unipersonal; pluripersonal; energy; contravention;
Summary/Abstract: The idea of this study arose from an issue that has provoked discussions in the recent practice of the administrative litigation court, but also among practitioners in the field of administrative law. Starting from the definition(s) provided by the Administrative Litigation Law no. 544/2004, but also the current benchmarks contained in the Administrative Code, we will make a comparative analysis of the administrative decision, as an administrative act that emanates from a single-person body (prime minister, head of aspecialized body) or as a volitional act resulting from the decision-making process of public administration authorities/ structures. This general analysis will represent the starting point for the case study we have proposed regarding the acts issued/adopted by ANRE5. In such a context, starting from the provisions of the Energy and Natural Gas Law no. 123/20126 which introduced the procedure for sanctioning contraventions based on the offender's turnover, the issue of the legal nature of the act by which the amount of the fine is individualized (following the conduct of control or investigation actions) was raised. Obviously, this issue arose mainly due to the use of the (unfortunate) name of decision at the level of secondary legislation. And yet, what is the decision? Is it an administrative act, issued by a single-person body or a decision-making process of a collegial, multi-person body? Our analysis will take into account specific legislation, court case law, as well as cases of other authorities to which the legislator has granted the possibility of applying contravention sanctions as a percentage of an operator's turnover. In order to give this study a note of comparative law, we will try to identify similar aspectsor notable differences in the legislation of other European states in which the same sanctioning regime (percentage of the sanctioned operator's turnover) is provided. The study will conclude with a series of conclusions and even possible proposals de lege ferenda.

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