Injunction on administrative litigation. Petition to order the defendants the Government of Romania, the Ministry of Health, the National Health Insurance House and the National Agency for Medicines and Medical Devices of Romania to insure, in a 100% comp

DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Abstract

The petition to order the public authorities sued for the insurance, in 100% compensation regime, of a medicine for a chronic autoimmune disease, by means of the injunction is not incompatible with the specifics of power relations between public authorities and persons whose rights and interests were affected within the meaning of Article 28 of Law no. 554/2004 of the administrative dispute resolution and is not inadmissible for this reason.

In order for such a request to be admissible, it must meet not only the conditions imposed by Article 997 et seq. of the Civil Procedure Code, but also those established by Law no. 554/2004, such as notifying the authorities with a request for the issuance or conclusion, as the case may be, of a standard or similar administrative act; the standing to be sued may be established in correlation with filing such a petition or with the legally established attributions regarding the provision or settlement of some treatments.