Revocation of administrative acts - theoretical and practical considerations

Author:Elena Emilia Stefan
Position:Assistant, Ph.D candidate, Faculty of Law, 'Nicolae Titulescu' University, Bucharest
Pages:121-128
SUMMARY

Revocation is a method of terminating the legal effects of an administrative act. Just like the general theory of law admits that any subject of law, author of a manifestation of will, is able to withdraw it, in the administrative law there is also possibility for the authority that issued the administrative act to abrogate its own act under certain circumstances. Thus, this study aims at making... (see full summary)

 
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Elena Emilia Stefan
121
LESIJ NO. XVIII, VOL. 1/2011
REVOCATION OF ADMINISTRATIVE ACTS - THEORETICAL AND
PRACTICAL CONSIDERATIONS
Elena Emilia ŞTEFAN
Abstract
Revocation is a method of terminating the legal effects of an administrative act. Just like
the general theory of law admits that any subject of law, author of a manifestation of will, is able
to withdraw it, in the administrative law there is also possibility for the authority that issued the
administrative act to abrogate its own act under certain circumstances. Thus, this study aims at
making a presentation of the legal regime of the revocation of administrative acts, starting from
aspects such as terminology, legal grounds, reasons, term, and ending with the analysis of the
applicable legislation on revocation, particularly of the law on administrative disputes, and much
more. Hence, revocability appears to be the fundamental principle of the legal regime of
administrative acts, in close connection with the principle of stability of legal relationships.
Keywords: administrative act, revocation, principle of stability of legal relationships,
Constitutional Court, principle of legality
Introduction
This study purposes to present the institution of revocation of administrative acts in the
Romanian legal system, both as a theoretical and practical approach.
Before the actual analysis of the proposed subject, the first part of this study will provide an
overview of the legislative framework that justifies the existence of this method of terminating the
effects of an administrative act in the Romanian administrative law.
We begin treating this subject by quoting a fragment from the Constitution of Romania that
sanctions, in its article 1 par. (5), the principle according to which “in Romania, the observance of
the Constitution, its supremacy and the laws shall be mandatory”.
The principle of legality is sanctioned in any legal system, therefore the Romanian
legislation is also generous from this point of view, thus establishing, according to the fragment
quoted above from the fundamental law of the country, a general obligation imposed to all subjects
of law, public authorities or not, to observe the law while conducting their activities.
The general principles of law, as the professor Nicolae Popa1 used to say, are the
substantiated regulations that channel the creation of law and its application.
The principle of legality2, which is a constant of the modern system of administrative law,
is currently the fundamental principle of organization and operation of the public administration in
any democratic rule of law.

Assistant, Ph.D candidate, Faculty of Law, “Nicolae Titulescu” University, Bucharest (e-mail:
stefanelena@gmail.com).
1 Nicolae Popa, General Theory of Law, 3rd edition, (Bucharest, C.H. Beck Publishing House, 2008), p.95.
2 J. Scwarze, Droit administratif européen, (Editions Bruylant et Office des publications des Communautés
européennes, vol.1), p.111, quoted by Dana Apostol Tofan in European Administrative Institutions), (Bucharest,
C.H. Beck Publishing House, 2006), p.34.

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