Papers Associated To The Administrative Acts And Legal Unilateral Will In The Frame Of The Administrative Decisional Mechanism

• Author: Dumitru Stefan Coman
• Pages: 145-148

PAPERS ASSOCIATED TO THE ADMINISTRATIVE ACTS AND LEGAL

UNILATERAL WILL IN THE FRAME OF THE ADMINISTRATIVE

DECISIONAL MECHANISM

PhD. student Dumitru Ştefan COMAN1

Abstract

Administrative acts’ related problems are widely analyzed in the specia lty doctrine, in the context where this

one represents the essential form of materializing the entire activity of the public administration. The administrative

acts represent the unilateral manifestation of will through which the administrative authorities define their practical

character, expressing in orde r to do that, in a regime of public power. Administrative acts’ characteristics present

those features which, by resulting out of the cumulative reunion of the essential elements and of th e validity

conditions, they differentiate these acts from other ca tegories of legal acts. When we say characteristics of the

administrative acts we understand those features which individualize these acts from other legal acts.

Keywords: administrative act, administrative law, legal effect, unilateral ch aracter.

JEL Classification: K23

1. Preliminary considerations

The administrative acts represent the main legal form of the activity of the public

administration authorities, starting with the executive power authorities: President, Government,

and ministries, and ending with the public administration authorities and institutions functioning in

public power regime.

The acts issued by these authorities in public power regime are generically called

administrative acts2. The administrative acts represent the unilateral manifestation of will through

which the authorities of the public administration define their practical character, and their express

themselves, in order to do that, in regime of public power.

Depending on the number of will manifestations, contained by them, and according to their

legal regime, the public administration’s acts can be classified in the following categories:

a) Unilateral legal acts:

1. Unilateral administrative acts issued in regime of public power (administrative

acts of authority);

These can be classified in two subcategories:

 Individual administrative acts (or of individual character);

 Normative administrative acts (or of normative character).

2. Unilateral acts of common law.

b) Bilateral or of administration legal acts:

1. Public administrative acts (administrative contracts);

2. Private administrative acts (common law acts); 3

Administrative acts’ characteristics, they represent these features which, by resulting out of

the cumulative reunion of the essential elements and of the validity conditions, they differentiate

these acts from other legal acts categories4.

Gathering together the essential elements and complying with the validity conditions

established by law, the administrative acts have the following characteristics: they are unilateral,

legal, mandatory, and they are executor and opportune (up to date).

1 Dumitru Ştefan Coman - West University of Timisoara, Romania, stefeco@gmail.com.

2Anton Trăilescu „Drept administrativ”, 4th ed., Ed. C.H. Beck, Bucharest, 2010, p. 189.

3 Idem., p. 190.

4Antonie Iorgovan, Tratat de drept administrativ”, Vol. II, Ed. Nemira, Bucharest, 1996.