Cumulation of Court Actions to Suspend the Enforcement of Unilateral Administrative Acts: Is It Possible?
Year: 2024
Type: conference-paper
Abstract: The suspension of administrative acts requires proving the existence of those circumstances that are likely to create a serious doubt as to the legality of the administrative act and the need to temporarily remove the enforceability of the act in order to prevent imminent harm, which is analysed in concrete terms. The seat of the matter regarding the suspension of the execution of administrative acts by the court is Articles 14 and 15 of the Law no. 554/2004 on administrative litigation. Practical work in the field of law creates the prospect of analysing legal institutions in novel hypotheses, as well as in their interaction. For example, is it possible to file two applications for the suspension of the same administrative act, based on Articles 14 and 15 of the Administrative Proceedings Act No. 554/2004? In our opinion, the answer is positive, but also nuanced. The aggrieved persons justify a procedural interest in filing both claims, first of all, given their different effects over time. Moreover, Articles 14 and 15 can be used several times on different grounds, since Article 14 para. 6 also applies accordingly to Article 15 of the Act. The research conducted is accompanied by relevant case law, analytical insights and several conclusions.
Authors: Anamaria Groza, judge at the Craiova Court of Appeal
Institution: ADJURIS – International Academic Publisher
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4402929365