When a person considers themselves harmed by an administrative act or by an authority’s refusal to resolve their request, the law requires a mandatory step before bringing the matter before the court: the prior complaint (preliminary administrative complaint). This is an admissibility condition for an administrative litigation claim and serves to give the public administration the opportunity to reassess its own act.
What is the prior procedure and when must it be filed?
According to Article 7 of the Administrative Litigation Law, the injured person must request the issuing authority, or the hierarchically superior authority, to revoke the administrative act in whole or in part, within 30 days from the communication of the act.
For duly justified reasons, the complaint may also be filed later, but no later than 6 months from the issuance of the act. In the case of normative acts, this time limit does not apply—the complaint may be filed at any time.
The purpose of this procedure is to avoid litigation by offering the possibility of an amicable settlement between the injured person and the authority. If the institution does not respond within the legal time limit or the response is unsatisfactory, the claimant may refer the matter to the competent court.
Who may file a prior complaint?
The law recognizes this right not only for the person to whom the act is addressed, but also for any person indirectly harmed by that act. In such cases, the time limit runs from the moment that person became aware of the content of the act.
However, there are situations in which the prior complaint is not mandatory—for example, in actions brought by the Prefect, the People’s Advocate (Ombudsman), the Public Prosecutor’s Office, or the National Agency of Civil Servants (ANFP), or where the act has entered the civil circuit and produced legal effects.
What may the injured person request in court?
After completing the prior procedure, the injured person may file an administrative litigation claim seeking:
- the total or partial annulment of the act;
- compensation for material and/or moral damages;
- an order compelling the authority to issue an act or a document, or to perform a specific administrative operation.
The administrative court also has jurisdiction to settle disputes arising in the stages preceding the conclusion of administrative contracts, as well as disputes concerning their annulment or performance.
Special cases – Government ordinances
Persons harmed by Government ordinances or provisions within ordinances may bring an action accompanied by a plea of unconstitutionality, which will be examined by the Constitutional Court. If the ordinance is declared unconstitutional, the administrative court will then decide the case on the merits.
Conclusion
The prior procedure is not merely a formality, but an essential step that conditions access to justice in administrative litigation. As deadlines are strict and the complaint must comply with legal requirements, it is advisable to seek the assistance of a lawyer specialized in administrative law to ensure that your right to challenge an unlawful act is not lost due to a procedural error.
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