Limitele controlului exercitat de instanța de contencios administrativ asupra ordonanței de Guvern, ca act administrativ

Abstract

The Government Ordinance, as a normative administrative act, is similar with the law – lato sensu – meaning that it has the same value and effects. The control that other authorities exert over the Government Ordinance reveals the role of the Parliament and of the Constitutional Court, in the proceedings a priori and the constitutional control, based on article 146 d) from the fundamental law. Even if the Government Ordinance is an administrative act it can not be brought before the administrative court, together with other administrative normative and individual acts, because the Constitution and Law no. 554 from 2004 do not allow such control. The courts are confronted with the claims for annulling some texts of Government Ordinances or the entire normative act, but, first, they must try an admissibility control in order to avoid the breach of the old principle of separation and equilibrium of powers in the democratic state, provided by the Constitution.

Keywords

• government ordinance
• administrative court
• judicial control
• admissibility
• principle of separation and equilibrium of powers.