CERTAIN ASPECTS REGARDING THE ADMNISTRATIVE ACTS ISSUED BY PUBLIC AUTHORITIES

Challenges of the Knowledge Society

Elena Emilia ȘTEFAN¹ 

[1] Associate Professor, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest, (e-mail: [e-mail]);

关键词: constitution;    administrative act;    public authorities;    individual pardon;    state of emergency;   

DOI  :  

来源: DOAJ

【 摘 要 】

Amongst the most debated judicial acts issued by the President of Romania, in exercising his constitutional attributions, through which he adopted measures, from 1990 to the present day, were, on one hand, the individual pardon and, respectively, the pardon revocation decree and, on the other hand, the establishing of the state of emergency on the territory of Romania. In the first case, in 2004, the theoretical debates amongst law theoreticians, but also in the public opinion in general, were abundant, and the problem developed by these doctrinal analyses moved into the courts of law. Pending on the docket before the administrative and fiscal contentious section there was a case in which was decided on the illegality exception of the decree through which the individual pardon given by decree by the President of Romania was revoked. 17 years after that case we notice a reprise of the same effervescence at the public opinion level, but this time we are in an exceptional situation, during the SARS CoV19 pandemic. Thus, in March 2020 there came a moment of reflection on the public agenda regarding another measure taken by the President of Romania, a measure that is seen as controversial, namely the establishing of the state of emergency on the territory of Romania. Therefore, in this study, based on the analysis of the legislation, doctrine and jurisprudence, we will present our point of view on the administrative acts of the President of Romania, all in a personal approach and, in the end, we will present the conclusions reached following this analysis.

【 授权许可】

Unknown