The Guarantee Of The Right Of A Person Aggrieved By A Public Authority In Romania - Selective Administrative Aspects

• Author: Catalin-Radu Pavel
• Pages: 233-241

THE GUARANTEE OF THE RIGHT OF A PERSON AGGRIEVED BY A

PUBLIC AUTHORITY IN ROMANIA - SELECTIVE ADMINISTRATIVE

ASPECTS

PhD. student Cătălin-Radu PAVEL1

Abstract

The present study aims to analyse the selective administrative aspects regarding the granting of the right of a

person aggrieved by a public authority in Romania. The right of a person – natural person or juridical entity – aggrieved

by a public authority in Romania is regulated by the Article 52 of the Constitution of Romania. Therefore, this fundamental

right which guarantees also the right of the players in economy, being granted at the Constitutional level, ensures a good

administration of the rule of law and grants a safety of the economic a nd business climate in Romania. It is granted the

fundamental right of a person aggrieved through an administrative deed or through a request which was not settled within

the legal time limit and, at the same time, by granting to that person a right to approach the competent authorities and to

be entitled to obtain the recognition of the claimed right or of the legitimate interest, with the annulment of the deed and

the repair of prejudice, respectively. The liability of the Romanian State for miscarriag e of justice, as well as its right of

recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. The methods

used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological

method and the quantitative method. The results of this research have highlighted the juridical, constitutional and

administrative ways of defence for the natural person or juridical entity – aggrieved by a public authority in Romania.

Keywords: the right of a person aggrieved by a public authority in Romania, good administration, Romanian

Constitution, economic and business climate in Romania, rule of law.

JEL Classification: K23

1. Introductory aspects

The fundamental right analyzed in this paper, which guarantees the rights of the economic

actors, being guaranteed at the constitutional level, ensures a good administration of the rule of law

and confers a certainty on the economic and business climate in Romania.

The researched scientific issue consisted in presenting the administrative selective aspects

regarding the guarantee of the right of the person injured by a public authority in Romania.

The novelty of this research consisted in presenting the administrative selective aspects

regarding the guarantee of the right of the person injured by a public authority in Romania. The

novelty elements could be found in the way the author approaches the subject, as well as in the

presentation of selective aspects regarding this fundamental right, as well as in the conclusions and

recommendations made by the author.

This study presents the analysis of its component parts: administrative damage, patrimonial

liability of the state for damages caused by legal errors, as well as the author's conclusions and lege-

ferenda proposals, bibliography.

The methods used in the elaboration of this study are: comparative method, historical method,

logical method, sociological method and quantitative method.

The results obtained from this study revealed the constitutional and administrative legal means

available to natural and legal persons to defend their legitimate interests if they were injured by a

public institution in Romania.

2. Injury by administrative act

The constitutional regulation on the right of a person injured by a public authority in Romania

refers to all administrative acts issued by public authorities, the constitutional legal force of which is

not limited to acts issued by executive authorities. It does not apply to the laws issued by the

1 Cătălin-Radu Pavel – Lawyer in the Bucharest Bar Association, Romania, radu.pavel@avocatpavel.ro.