Sanctions imposed under the law 554/2004 to public authorities for the refusal to enforce decisions given by the administrative court

• Author: Maria Ioniche
• Position: Lecturer Ph.D., University'Spiru Haret' Brasov, Faculty of Legal and Administrative Sciences, Judge, Court of Appeal Brasov, Department of administrative and fiscal contentious
• Pages: 231-237

SANCTIONS IMPOSED UNDER THE LAW 554/2004

TO PUBLIC AUTHORITIES FOR THE REFUSAL TO ENFORCE

DECISIONS GIVEN BY THE ADMINISTRATIVE COURT

Maria Ioniche

*

Abstract

Given the importance of the institution of sanctions imposed to public authorities for

non-enforcement of decisions given by the administrative court, I looked closely at

theoretical aspects of the enforcement of such judgments, at the sanctions imposed in case of

failure of enforcement by public authorities, at the legal practice in this field and I think that

the matters covered by this paper may be useful for all practitioners.

Key-words: persons injured in their rights by an unlawful administrative act,

administrative contentious, public authority's refusal to settle a request, public authority's

refusal to enforce a court order, sanctions imposed to public authorities

Introduction

At present, in the Romanian state subject to the rule of law, the legislature has translated

into practice some of the European directives in specialty fields, amending legislation in

accordance with Community norms. With respect to administrative laws and the laws

applicable to public administration, the legislature was equally concerned with the

harmonization of Romanian national administrative law with the rules of Community law.

However, in the practice of the courts we find that the legislative changes have not produced

the expected results, m eaning that adaptation must be achieved through the joint efforts of

both the legislature bodies of public authorities but also of citizens benefiting from these

legal regulations. As a practitioner, I found it necessary to treat the topic entitled “The

sanctions imposed under the law no. 554/2004 to public authorities for the refusal to enforce

decisions given by the administrative court” because it is actual, it is a concern of both

lawyers, magistrates and public authorities involved in administrative disputes, but also of

citizens who consider themselves injured in their rights by public authorities through

unlawful administrative acts.

The importance of administrative contentious

1

Since the activity of public authorities is very diverse, the legislation is very dense,

the duties and powers of public authorities are complex, and, at this stage, the needs of

citizens are increasingly complex, we have reached a situation where the acts issued by

public authorities can sometimes be made in violation of the law, and, sometimes, the public

authority refuses to issue acts requested by citizens. As a result, we reach a situation of

conflict between the citizen and the public authority. Such situations can often be settled

*

Lecturer Ph.D., University”Spiru Haret" Braşov, Faculty o f Legal and Administrative Sciences, Judge, Court

of Appeal Brasov, Department of administrative and fiscal contentious

Email: studentagabi22@yahoo.com

1

According to art. 2 par. 1 letter f) of the Law no. 554/2004,”administrative contentious is the activity of

settlement, by the administrative courts which are compe tent according to the law, o f the litigations in which at

least one of the parties is a public authorit y, and the conflict was generated either by issuing or concluding, as

the case may be, an administrative act, within the meaning of the present law, or by the failure to settle within

the legal time limit or by the unjustified refusal to solve a petition referring to a right or a legitimate interest.”