Particularities of the Administrative Oversight in the Context of the Commissioner Exercise of the Action for Annulment Based on the Provisions of the Law no. 554/2004 of the Administrative Contentious and the Administrative Code
Particularities of the Administrative Oversight in the Context of the Commissioner Exercise of the Action for Annulment Based on the Provisions of the Law no. 554/2004 of the Administrative Contentious and the Administrative Code

Author(s): George-Bogdan Ionita
Subject(s): Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative oversight; action for annulment; commissioner; standing to bring proceedings; legislative changes;
Summary/Abstract: The present research aims to carry out a complete and objective analysis of the institution of administrative oversight following in particular the observation and study of the action for annulment formulated by the commissioner. The first objective of the study is to present the relevant legislation on administrative protection as well as to observe the main legislative changes that have had an impact on the research topic. The second objective aims at making a short presentation of the commissioner’s institution, based on which it is possible to analyze particular procedural aspects such as the specificity of the quality to bring to an action conferred by the Law no. 554/2004. Given that this research aims to fully analyze the institution of administrative oversight, in this context could not be omitted the control of specialized oversight exercised by the National Agency of Civil Servants. Regarding the research methods used in this study, the deductive method was used, which involved theoretical documentation starting from the applicable normative material and the literature, as well as the inductive method, which involved the analysis of concrete situations existing in jurisprudence in order to observe various solutions. Regarding the implications of the study, it mainly aimed to analyze the functioning of administrative oversight in the context of legislative changes in both administrative and procedural legislation.

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