Communication of administrative acts. The role of the courts in developing the rules of administrative contencious. Legislative evolution and practical aspects

Nicolae-Alexandru Ceslea

Academic Journal of Law and Governance, 2020, vol. 8, issue 1, 31-46

Abstract: Throughout the legislative evolution carried out over the last 30 years, the courts have played an important role in establishing the legal regime applicable to the operation of communication of administrative acts. Nor can it be denied that the practice of the courts emphasized the shortcomings of the regulation, thus triggering the initiation of the procedures for amending the legal provisions regarding communication of administrative acts. From the initial regulation given by the former Law no. 29/1990 regarding the administrative litigation, in which no distinction was made between the situation of the beneficiary and the third party in relation to the administrative act, to a regulation in which greater attention is paid to the communication of the administrative act to the third party, a considerable period of time passed during which jurisprudence has played a central role. The study begins with the problem of conceptualizing the notion of communication and determining the legal regime as a result of qualifying the communication operation as an element that falls within the scope of material law. The central part of the paper concerns the concrete analysis of the legislative evolution and the role of the courts in this process. The final part brings in discussion the challenges that will be faced by law practitioners having as starting point the current form of the legal text. The last legislative changes put in foreground absolutely new challenges with which courts will be confronted, and their intervention will be, in the same sense as until now, significant. Bringing to the forefront and awareness the evolution of the regulation regarding the operation of the communication helps create a picture of the legislative changes in order not to arrive at the same solutions that presented shortcomings, all towards a healthy and coherent legislative evolution.

Date: 2020
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