Perspectives of Law and Public Administration (Jun 2023)
The Amendments Made in Romania by Law No. 102/2023 to Administrative Litigation, Only Apparently Minor
Abstract
At first glance, the changes brought by Law no. 102/2023 to administrative litigation concern (only) the time limits: the starting point of the limitation period for bringing an action for annulment of the administrative act for which the prior complaint is no longer mandatory; the time limit within which the suspension of the administrative act that can no longer be revoked prior to the bringing of a substantive action for its annulment may be requested and the time limit within which the action for annulment must be brought if suspension has been requested under art. 14 LCA; the maximum time limit up to which the suspension of the execution of an administrative act for which an action for annulment has already been brought may be requested. On the other hand, some time limits are drastically shortened and other solutions are atypical both from the perspective of civil procedure and traditional rules in administrative litigation. The amendments are also important because they concern administrative acts for which prior complaint is no longer mandatory, and most administrative acts fall into this category (as they immediately produce legal effects). The article is a point-by-point analysis of the most recent amendments to the Administrative Litigation Act, apparently minor but with a potentially significant impact.
