Obiectul acţiunii în contencios administrativ şi corelaţia  acestuia cu soluţiile pe care le poate pronunţa instanţa.  Noţiunea de refuz nejustificat de soluţionare a unei cereri: DREPT ADMINISTRATIV ŞI FISCAL

Anca  Andreea-Terzea

The object of the action brought before the administrative court and its correlation with the solutions that the court may render. Notion of unjustified refusal to settle an application

DREPT ADMINISTRATIV ŞI FISCAL

Authors

Anca Andreea-Terzea Author

Abstract

Applications filed before the administrative court, not having as object any administrative act, as defined by Law no. 554/2004, cannot be admitted. This solution chosen by the legislator does not conflict with the free access to justice whereas, according to the
principles enshrined in the case law of the Romanian constitutional administrative disputes matter and of the European Court of Human Rights, the establishment of certain conditions for bringing the actions before the court shall not prejudice the substance of
this law, as states dispose of a margin of discretion in establishing the conditions and limits of exercising the right to action