EIRP Proceedings (Jun 2020)
The Legal Force and the Effects of Administrative Acts in Light of the New Regulation
Abstract
The administrative act produces effects for a period of time until it is at an end – tempus regit actum. Publicity of acts constitutes a validity condition; no one could invoke the nemo censetur legem principle. Three main modalities entail the end of the effects: the act is at an end, falling into desuetude or repealed. There are also other cases, such as: a) repealing of the legal basis; b) ascertaining the unconstitutionality on the basis of article 147 par. (1) of the Constitution; c) adoption of a law for the rejection of an ordinance; d) issuance of a decision that declares unconstitutional the law for the approval of an ordinance; e) inexistence and caducity of an ordinance; f) repealing of the repealed norms of ordinances; g) annulment of a normative administrative act; h) promulgation of the law before the issuing of the decision by the Constitutional Court; i) ending the effects of a governmental decision, following the removing of a company from the companies registry; j) total replacement of the title and object of a regulation through the law for the approval of an ordinance. Accordingly, the cases of ending effects of administrative acts are wider than the three main modalities, as well as the institution of ending legal effects of normative acts is broader than the institution of repealing those acts.
