Lawfulness review of a repealed unilateral administrative act of regulatory nature. Justification of a private legitimate interest. Excess of power in exercising the normative position of the public authority, in breach of the lawfulness principle

CONTENCIOS ADMINISTRATIV ŞI FISCAL

Abstract

Repealing an administrative act of regulatory nature shall produce future effects, in the sense that it ceases its applicability at the same time as the entry into force of the new administrative act to be applied, compared to the nullity which produces retroactive effects from its issue date. However, as regards the legal relationships developed in virtue thereof for its applicability period, from the perspective of the injurious legal effects of the methodology itself, the lawfulness review does not remain objectless, since the claimant justifies a private legitimate interest to find the unlawfulness of these provisions leading to annulment, and the judicial approach shall have the effect of acknowledging its damage at the same time as the organization of the competition to be admitted in the body of officers in the respective session, where if the score obtained in the settlement of the challenge had been added to him, he would have changed the final result of the competition and could have been admitted in the body of police officers. Showing a private legitimate interest, the injured person shows, as well, a public legitimate interest in finding the unlawfulness of the regulation, and the effect shall also be produced in the future, and the issuing authority cannot draw up any methodology containing a similar regulation, for the contests to be organized in the next years. Moreover, the claimant shall be given rise of entitlement to repair for her illegal rejection from the competition, and remedies may be both of administrative and financial nature. Drawing up a competition methodology in virtue of certain regulations, which govern the organization of certain forms of competition, should comply with the principles contained therein from the perspective of the method of assessment of the written papers and consequences of the challenge procedures, in which efficiency shall be given to their final result, and it is necessary for the assessment method of the result of the challenge examination to be consistent with these principles. We are in the presence of some excess of power, in drawing up a regulatory administrative act having as object a competition methodology, if the consideration of the consequences related to the granting of the challenge results in the inefficiency of this procedural reassessment form of the written paper and to the breach of the candidates’ rights of improving the additional score obtained as such, with consequences for the final classification, since the restriction is not reasonably justified compared to the intended purpose.