Abstracts - Facultatea de Drept - Dunarea de Jos

ABOUT THE POSSIBILITY OF THE
COURT TO PRONOUNCE A
DECISION WHICH TO TAKE
PLACE OF AN ADMINISTRATIVE
DOCUMENT
Cosmin MIHĂILĂ
Cosmin MIHĂILĂ
Judge, Court of First Instance Galati
Address: Str. P. Rares nr. 12, Bl. B7,
ap. 15, mun. Galati, jud. Galati
Tel.: 0722959.289
Abstract
Law no. 554/2004 of the
administrative court, amended,
incriminates as infringement and provides
the application of a comminatory fine to
the public authority which refuses to
enforce a judicial decision by which it
was required to issue, replace or amend an
administrative act. The law believes that
these means are sufficient to determine
the public authority to execute the
obligations imposed. We believe, in
agreement with some solutions of the law,
that is necessary the recognition of the
possibility of contentious court to
pronounce a decision to take place of an
administrative act, because there were
instances when the execution of the
decision was refused even after the
application of the comminatory means
provided for in Art. 24 of the Law. For the
delivery of such a decision certain
conditions must, however, be
accomplished. The jurisdiction to hear
such an application would belong to the
court for enforcement under Art. 2 point ț
of the Law.
46