QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES

The paper aims at analysing the administrative acts of a normative character and the administrative acts of an individual character, provided for in art. 2 par. (1) letter c) of the Law on the administrative contentious no. 554/2004, with its subsequent amendments and completions, from three persp...

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Main Author: Cristina TITIRIŞCĂ
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2018-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=6_administrative_and_political_sciences%2F&download=CKS_2018_administrative_and_political_sciences_024.pdf
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author Cristina TITIRIŞCĂ
author_facet Cristina TITIRIŞCĂ
author_sort Cristina TITIRIŞCĂ
collection DOAJ
description The paper aims at analysing the administrative acts of a normative character and the administrative acts of an individual character, provided for in art. 2 par. (1) letter c) of the Law on the administrative contentious no. 554/2004, with its subsequent amendments and completions, from three perspectives, namely from theoretical perspectives, from the perspective of the rulings pronounced in the last years by the High Court of Cassation and Justice, but also from the perspective of the case law of the Constitutional Court of Romania. The distinction seems to us all the more important as this issue was approached by the Constitutional Court of Romania, at the beginning and towards the end of the year 2017, in the context of exercising the power provided by art. 146 letter e) from the Constitution of Romania, republished, a new attribution of the constitutional litigation court, introduced during the revision of the Fundamental Law from 2003, by which it acquired the role of a mediator in solving legal disputes of a constitutional nature between public authorities, legal disputes that might concern the content or the extent of their attributionsstemming from the Constitution, which meansthat they are conflicts of competence, positive or negative, and which can create institutional blockages
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publishDate 2018-05-01
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spelling doaj-art-c209e8ae7ffd409d88ea0552d7fd58e32025-08-20T02:53:09ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-11681172QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUESCristina TITIRIŞCĂ0PhD, Parliamentary advisor at the Legislative Department of the Chamber of Deputies, currently advisor at the Office of the President of the Constitutional Court, member of SRDE (e-mail: cristina_titirisca_r@yahoo.com).The paper aims at analysing the administrative acts of a normative character and the administrative acts of an individual character, provided for in art. 2 par. (1) letter c) of the Law on the administrative contentious no. 554/2004, with its subsequent amendments and completions, from three perspectives, namely from theoretical perspectives, from the perspective of the rulings pronounced in the last years by the High Court of Cassation and Justice, but also from the perspective of the case law of the Constitutional Court of Romania. The distinction seems to us all the more important as this issue was approached by the Constitutional Court of Romania, at the beginning and towards the end of the year 2017, in the context of exercising the power provided by art. 146 letter e) from the Constitution of Romania, republished, a new attribution of the constitutional litigation court, introduced during the revision of the Fundamental Law from 2003, by which it acquired the role of a mediator in solving legal disputes of a constitutional nature between public authorities, legal disputes that might concern the content or the extent of their attributionsstemming from the Constitution, which meansthat they are conflicts of competence, positive or negative, and which can create institutional blockageshttp://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=6_administrative_and_political_sciences%2F&download=CKS_2018_administrative_and_political_sciences_024.pdfnormative actindividual actjurisprudenceConstitutional Courtcharacterization
spellingShingle Cristina TITIRIŞCĂ
QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
Challenges of the Knowledge Society
normative act
individual act
jurisprudence
Constitutional Court
characterization
title QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
title_full QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
title_fullStr QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
title_full_unstemmed QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
title_short QUALIFICATION OF ADMINISTRATIVE ACTS AS NORMATIVE AND INDIVIDUAL ACTS. THEORETICAL AND PRACTICAL ISSUES
title_sort qualification of administrative acts as normative and individual acts theoretical and practical issues
topic normative act
individual act
jurisprudence
Constitutional Court
characterization
url http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=6_administrative_and_political_sciences%2F&download=CKS_2018_administrative_and_political_sciences_024.pdf
work_keys_str_mv AT cristinatitirisca qualificationofadministrativeactsasnormativeandindividualactstheoreticalandpracticalissues