How to Challenge a Decision by a Romanian Town Hall or Public Authority

Which acts can be challenged

Romanian Administrative Litigation Law no. 554/2004 allows any person or company to challenge in court an administrative act that harms a right or legitimate interest. An administrative act is, in simple terms, a unilateral decision by a public authority that has legal effects: a local council resolution, a mayor's order, a refusal to issue a permit, or a decision by an agency or ministry.

The law treats an unjustified refusal to deal with an application, and the failure to reply within the legal time limit, in the same way. If you have filed an application and the authority does not answer, you have a remedy in this case too.

Note that some acts have special challenge procedures under other laws. For example, administrative offence reports and tax acts have their own rules and deadlines. The first step is therefore to identify what kind of act you have received.

Step 1: the prior complaint

Before going to court, in most cases you must ask the issuing authority, or its superior authority, to revoke or amend the act. This request is called a prior complaint (plangere prealabila).

Under Article 7 of Law no. 554/2004, the prior complaint must, as a rule, be filed within 30 days from the date the act was communicated to you. For people who were not the addressees of the act but are affected by it, the law sets special rules on when the period starts. File the complaint through the registry office or by a method that provides proof of filing, and keep the registration number.

A well-drafted prior complaint includes:

• clear identification of the act (number, date, issuing body);
• the reasons why you consider the act unlawful or unfounded;
• what you are asking for: revocation, amendment or issue of another act;
• copies of the supporting documents.

Step 2: the administrative court action

If the authority rejects the complaint or does not reply within the legal time limit, you can apply to the administrative court. The action is generally filed within six months, calculated according to the specific situation set by law, for example from receiving the reply to the prior complaint.

The competent court depends on the issuing authority: for local and county authorities it is, in principle, the tribunal, and for central authorities it is, in principle, the court of appeal, subject to the exceptions provided by law. You can ask for the act to be annulled in whole or in part, for the authority to be ordered to issue an act or certificate, and for compensation for any damage suffered.

Keep in mind that in administrative litigation the court reviews the lawfulness of the act: whether the authority had the power to issue it, whether it followed the procedure and whether its reasoning rests on real facts and on the law. It is therefore important that the grounds raised in the prior complaint are clear and supported by documents. Further arguments can be developed in court, but a well-built prior complaint provides a solid basis for the whole case.

Suspending the act

An administrative act remains in force until it is annulled. If its enforcement would cause you harm that is difficult to repair, you can ask the court to suspend it. The law allows this in well-justified cases and to prevent imminent damage.

The suspension request can be filed after the prior complaint, before the annulment action, or together with the main action. You need to show specifically why there are serious doubts about the lawfulness of the act and what damage its enforcement would cause. General requests without evidence usually have limited chances.

Practical tips

Note the date you received the act and keep the envelope or proof of communication. Where relevant, ask for copies of the documents on which the act was based. Do not let deadlines expire while waiting for an informal answer from officials, as legal time limits run regardless of any discussions.

If the act affects a business, for example a refused permit or a measure that prevents you from operating, consider from the outset whether to apply for suspension. Keep evidence of the losses or costs caused by the act, as this can support both a suspension request and any claim for compensation.

The information in this article is general. Every administrative act has its own particularities, and the right strategy can only be set after an individual analysis.

This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.