Administrative law lawyer in Romania: disputes with public bodies
We represent you when an authority issues an unlawful decision, refuses a request or does not reply at all.
Administrative litigation is the way to compel a public authority to comply with the law. It covers decisions and refusals of city halls, local and county councils, ministries, agencies and other institutions. Before going to court, the law usually requires a prior complaint to the authority, and the time limits for both stages must be observed carefully.
Besides annulling the decision, the court can order the authority to issue an act, release a document or pay compensation for the loss caused. We build the claim on documentary evidence, the special rules of the field concerned and the case law of the administrative courts. Where damages are sought, the claim may also be brought against the official who drafted the act or refused to issue it.
We represent individuals, companies and civil servants in disputes concerning urban planning and building permits, public procurement, civil service relationships, access to public information and other administrative decisions. An application to suspend the decision can be useful where its implementation would cause damage that is hard to undo.
Administrative disputes in which we can represent you
- Prior complaint to the issuing authority or its superior body
- Actions to annul individual or regulatory administrative acts, in whole or in part
- Compelling an authority to decide a request it unjustifiably refused or left unanswered
- Suspension of administrative acts pending the outcome of the case
- Damages for loss caused by unlawful administrative acts or by administrative silence
- Public procurement: challenges during the award procedure and contract performance disputes
- Planning: zoning certificates, building and demolition permits, zonal and detailed plans
- Civil servants: disciplinary sanctions, release and dismissal, salary entitlements
- Access to public information and replies to petitions
- Administrative contracts: concessions, leases and partnerships with local authorities
- Local and county council decisions affecting your rights
- Appeals in administrative cases and enforcement of judgments against authorities
Examples of situations where you can take action
- The city hall refuses to issue a building permit even though your file is complete
- You filed a request with an institution and received no reply within the legal time limit
- Your company's bid was rejected in a public tender without clear reasons
- As a civil servant, you have been disciplined or released from office
- A local council decision directly affects your property or business
How we work
Identifying the act
We establish what kind of decision or refusal is involved and which special law applies, since procedures and time limits differ.
Prior procedure
We draft the prior complaint or administrative appeal, with arguments that may resolve the issue without a lawsuit.
Court action
We bring the claim before the competent administrative court and, where appropriate, ask for the decision to be suspended.
Enforcing the judgment
We follow up on the authority's compliance with the judgment and seek the measures provided by law if it does not comply.
Frequently asked questions
Is a prior complaint mandatory?
In most cases, yes. Before challenging an individual administrative act in court, you must ask the issuing authority or its superior body to revoke or amend it, within the time limit set by law. There are exceptions, for example for certain acts governed by special laws. Failing to file a prior complaint can lead to the claim being dismissed.
What can I do if the authority does not answer my request?
Failure to decide a request within the legal time limit is treated by law as an administrative act and can be challenged in the administrative courts. The court can order the authority to issue the act or release the document and, on request, to pay damages. Keep proof of filing and the registration number of your request.
Can I ask for an administrative act to be suspended?
Yes. In well-founded cases and to prevent imminent damage, you can ask the court to suspend the act until the case is decided on the merits. The court examines whether there is serious doubt about the act's lawfulness and whether the damage would be hard to repair. The application must set out specific reasons and be supported by evidence.
How do I challenge the outcome of a public tender?
Public procurement challenges follow a special procedure with very short time limits and can be filed with the National Council for Solving Complaints or directly in court, under the conditions set by law. A quick review of the tender documents and the procedure report is essential, because a delay of a few days can make the challenge late.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
