Admissibility of the presiding judge’s order in the administrative matter

DREPT ADMINISTRATIV ŞI FISCAL

Abstract

As resulting from the case law of the High Court of Cassation and Justice, the application for a presiding’s judge order filed before the administrative court is admissible in principle, when its object does not consist in the suspension of any administrative act, but in 
ordering certain provisional measures, such as the imposition of a provisional obligation on a party, until the clarification of the merits of the case (for example, Decision no. 2462 dated 17 May 2012, High Court of Cassation and Justice, Division of Tax Administrative 
Disputes). The argument of the court of first instance, that the suspension of the building works is equivalent to the suspension of the effects in themselves of the building permit cannot be upheld, since those two applications are distinct. The fact that they aim at a 
similar – but not identical result -shall not result in their overlapping, since claimants did not request any suspension, by way of a presiding judge's order, of the building permit, but the adoption of a provisional measure, submitting to the court other admissibility conditions, and not those provided for under art. 14, art. 15 of Law no. 554/2004.