Suspension and annulment of administrative acts
The suspension and annulment of administrative acts are the steps by which a legal entity may seek the protection of the court against an act of a public authority. Suspension concerns the temporary halting of enforcement, while annulment seeks the removal, in whole or in part, of the unlawful act.
The services include the analysis of the act being challenged and of the documentation on which its issue was based, the drafting of the prior complaint, the preparation of the application for suspension and of the action for annulment, as well as representation before the administrative litigation courts. Depending on the harm invoked, claims for damages may also be assessed.
Before a challenge is brought, the standing of the aggrieved person, the right or legitimate interest affected, the date of communication or of becoming aware of the act and the applicable procedure are checked. The grounds of unlawfulness may concern the competence of the issuer, breach of substantive rules, the lack of a statement of reasons or failure to observe mandatory formalities.
The prior complaint seeks a re-examination of the act by the issuing authority or by the hierarchically superior authority, under the conditions laid down by law. Whether this stage is required and the time limit for filing it are determined in relation to the nature of the act and the situation of the person challenging it.
Where enforcement of the act creates immediate risks, the possibility of suspension under Law no. 554/2004 is analysed. The application requires demonstrating a well-justified case and the need to prevent imminent damage, by reference to the circumstances of the case and the evidence available.
The action for annulment focuses on the lawfulness of the act and on the harm invoked. The litigation strategy, the claims and the evidence are prepared according to the effects sought, the existing documents and the legal time limits, in order to support the client's position throughout the proceedings.
Frequently asked questions
Does filing a prior complaint stop the enforcement of the administrative act?
In principle, no. Filing a prior complaint does not automatically suspend enforcement of the act. To halt enforcement temporarily, it must be checked whether a special mechanism exists or whether an application for suspension to the court is necessary.
Is a prior complaint mandatory before an action for annulment?
In many situations, yes, but the law also provides for exceptions. The obligation must be checked before the matter is brought before the court, in relation to the act being challenged and the position of the aggrieved person.
Can suspension be requested before the action for annulment is brought?
Yes, under the conditions laid down by Law no. 554/2004. This step has its own requirements and must be coordinated with the prior procedure, where that procedure is required, and with the time limit for bringing the action for annulment.
What documents are needed to challenge the act?
The relevant documents are the administrative act, proof of its communication or of the date on which it came to one's knowledge, the documents preceding its issue and the correspondence with the authority. For suspension or damages, documents supporting the harmful consequences invoked are also needed.
Can an authority's refusal to resolve a request also be challenged?
Yes. Administrative litigation may also concern an unjustified refusal or the failure to resolve a request within the legal time limit. The claims put before the court are adapted to the conduct of the authority and to the right or legitimate interest affected.
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