QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The paper aims at analysing the administrative acts of a normative character and the administrative acts of an individual character, provided for in art. 2 par. (1) letter c) of the Law on the administrative contentious no. 554/2004, with its subsequent amendments and completions, from three perspectives, namely from theoretical perspectives, from the perspective of the rulings pronounced in the last years by the High Court of Cassation and Justice, but also from the perspective of the case law of the Constitutional Court of Romania. The distinction seems to us all the more important as this issue was approached by the Constitutional Court of Romania, at the beginning and towards the end of the year 2017, in the context of exercising the power provided by art. 146 letter e) from the Constitution of Romania, republished, a new attribution of the constitutional litigation court, introduced during the revision of the Fundamental Law from 2003, by which it acquired the role of a mediator in solving legal disputes of a constitutional nature between public authorities, legal disputes that might concern the content or the extent of their attributionsstemming from the Constitution, which meansthat they are conflicts of competence, positive or negative, and which can create institutional blockages.
Authors and Affiliations
Cristina TITIRIŞCĂ
Keywords
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