Action for annulment of a local council resolution. Non-fulfilment of the requirement for admissibility regarding the carrying out the mandatory prior procedure

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

In the case of action by which it is requested the annulment of a local council resolution, the mandatory prior procedure provided for under art. 7 of Law no. 554/2004 is not carried out, in the event where the prior complaint is addressed to the prefect, as the prefect is a hierarchical body superior to the local council. The application for main action by which the prefect requests the annulment of the local council resolution requested by the main action should be made both within the deadline provided for by art. 62 paragraph (1), and within the deadline provided for by art. 11 paragraph (1) in relation to art. 3 paragraph (1) of Law no. 554/2004.