ASPECTS REGARDING THE TERMINATION OF THE LEGAL EFFECTS OF NORMATIVE ADMINISTRATIVE ACTS

• Main Author: Dan Constantin MÂȚĂ
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2017-05-01
• Series: Challenges of the Knowledge Society
• Subjects: administrative normative act; annulment; revocation; repeal; non-existence
• Online Access: http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_021.pdf

The final cessation of the legal effects of administrative acts can be achieved by annulment and revocation. Both are legal operations that lead to the termination of legal effects of administrative acts. A controversial issue is the one regarding the authorities that may exercise the right of revocation and annulment of an administrative act. As concerns normative administrative acts, the specific manner of termination of enforcement of such acts is to repeal them. On the relationship between repeal on the one hand and cancellation and revocation on the other hand, various contradictory opinions were voiced in the legal doctrine. An aspect with important implications in the administrative practice is the one concerning the possibility of invalidating a normative administrative act before its entering into force. Finally, the article deals with the notion of non-existent administrative acts, which has become a constitutional institution as concerns administrative normative acts.