Nullity of the judgment. Lack of grounds. Obligation of the administrative authority to issue an administrative act. Limits of the possibility of assessment

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The grounds of the judgment must state, in addition to the specific factual situation established on the basis of the evidence adduced, which must be expressly specified by the judge, the legal reasoning on which the decision is based, which must be based in law on a legal rule according to which the defendant authority has an obligation which it has not fulfilled, or in respect of which it may be found to have acted improperly in the assessment which the law allows it to make when issuing an administrative act. None of these aspects can be identified in the contested judgment, so that the Court finds that Article 488(1), section 6, sentence I of the Civil Procedure Code, requiring the judgment to be set aside and the case to be retried.

On appeal, as regards the unjustified nature of the authority's refusal to approve the PUZ, it was held that, in order for such a hypothesis to be accepted, it is necessary to identify the regulatory provisions which oblige the authority to give a favourable response, in relation to which the manifestation of will expressed by the authority appears to have been exercised improperly and with excess of power, within the meaning of Article 2(1) letter n) of the Law no. 554/2004, which refers to the exercise of the right of appreciation of public authorities by violating the limits of competence provided by law or by violating the rights and liberties of citizens.

The rule cannot be held to apply, since the land in question, for which permanent removal from the national forestry fund was ordered, in order to create the tourist objective, was not used for the purpose for which approval was given for removal from that fund, the purpose of the objective having been changed, so that the refusal cannot be regarded as unjustified.