Critical Analysis of Article 20 of Law no. 554/2004 on Administrative Litigation as Seen Through the Lens of Case Law and Draft Bill no. 2/2022

Niță, Anca Jeanina

Academic Journal of Law and Governance, 2022, vol. 10, issue 1-2, 78-88

Abstract: The present study is motivated by the recent legislative proposal (Pl-x no. 2/2022) to amend Administrative Litigation Law no. 554/2004, set with “the general aim of replacing recourse with appeal†. One offers a brief account of the appellate procedures regulated in Administrative Litigation Law no. 554/2004. In examining the statement of reasons and the draft form of the bill submitted by the initiators, one reminds that the double degree of jurisdiction principle is not constitutionally enshrined. From the standpoint of the negative opinion (no. 169) issued by the Legislative Council on 22 February 2022, one analyses the case law of the Constitutional Court of Romania in the matter of administrative litigation recourse, as well as the High Court of Cassation and Justice, specifically Decision no. 17/2017, ruled in a recourse in the interest of the law. One acquiesces in the opinion expressed by Prof. Ioan Leș, who rightfully cautioned that trials conducted in three or more degrees of jurisdiction cannot represent an absolute guarantee of a good trial, but a cause that certainly induces a serious delay of judgements. One concludes that repeated amendments of positive law lacking a systemic approach cannot generate legislative consistency and is not capable of conducing to an actual removal of practical difficulties. And one urges the legislative body to carefully reflect on this matter.

Date: 2022
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