The Control of the Administrative Tutelage Exercised by the Prefect

• Author: Vasilica Negrut
• Position: Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati, Romania
• Pages: 22-30

ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 1/2016

22

Public Law

The Control of the Administrative Tutelage

Exercised by the Prefect

Vasilica NEGRUȚ

1

Abstract: This study aims at highlighting the important aspects of administrative tutelage control

achieved by the prefect: notio n; evolution; comparative law; administrative acts submitted to control;

the limit for introducing the action in administrative contentious. In order to achieve the objectives of

the paper we have performed an analysis of the specific legislation, of the specialized literature and

jurisprudence. The traditional institution for administrative law, along with the administrative

contentious, it can be said that since 1990, the administrative tutelage is constantly expanding. The

tutelage control conducted by the prefect regards exclusively the legality of the administrative acts

issued by the local government auth orities. After the empirical analysis and research, the paper

summarizes and specifies the general conclusions on the legality control exercised by the p refect on

administrative acts of the local authorities, as defined by th e Law of administrative contentious no.

554/2004.

Keywords: administrative tutelage; regulation; administrative act; control of legality

1. Introduction

The traditional institution for administrative law, along with the administrative

court, the administrative tutelage

2

of experienced, over time, various

interpretations.

1

Professor, Ph D, Dean of Faculty o f Law, „Danubius” University of Galati, Romania. Address: 3

Galati Boulevard, 800654 Galati, Romania. Tel.: +40.372.361.102, fax: 40.372.361.290.

Corresponding author: vasilicanegrut@univ-danubius.ro.

2

P rofessor Paul Negulescu shows that the name of administrative tutelage is open to criticism, as

there is no similarity between this institution and the tutelage of civil law. For details see (Negulescu,

1934).

AUDJ, vol. 12, no. 1/2016, pp. 22-30