In administrative law, administrative litigation is the legal mechanism through which citizens and public institutions can obtain judicial review of acts issued by public authorities. Law no. 554/2004 enshrines an essential rule-of-law principle: no public authority is above the law, and any person whose right or legitimate interest has been infringed has free access to justice.
- Who has the right to bring an action?
Under Article 1(1) of the Administrative Litigation Law, any person who considers themselves harmed by an administrative act, or by an unjustified refusal of a public authority to resolve a request, may bring an action before the court. Such an action may seek:
- annulment of the administrative act;
- recognition of the right or legitimate interest;
- compensation for the damage suffered.
The law protects not only private interests but also the public interest, allowing other entities—such as the Ombudsman or the Public Ministry (Prosecutor’s Office)—to intervene when collective values are affected.
- Special cases in which an action may be brought
In addition to affected individuals and legal entities, the law also allows other bodies to refer a matter to the court:
- The Ombudsman, when it identifies an illegality that cannot be remedied otherwise than through court proceedings;
- The Public Ministry (Prosecutor’s Office), in two situations: where an individual administrative act was issued with an excess of power and harms a specific person, or where a normative act affects a legitimate public interest;
- The issuing public authority, which may request the annulment of its own unlawful act once it has entered the civil legal circuit and can no longer be revoked.
These provisions reflect a balanced system of administrative and judicial oversight, in which the state assumes not only the power to issue acts but also the responsibility to correct potential errors.
- The role of the Prefect and the National Agency of Civil Servants
Article 3 of the same law regulates administrative guardianship—an instrument through which the Prefect and other institutions can ensure compliance with legality in the activity of public authorities.
- The Prefect may directly challenge in court the acts of local public administration authorities that it considers unlawful. The Prefect’s action is exempt from court stamp duty, and until the case is decided, the challenged act is suspended by operation of law, offering immediate protection against the effects of a potentially unlawful act.
- The National Agency of Civil Servants (ANFP) may also refer a matter to the court when it identifies breaches of civil service legislation, thereby safeguarding compliance with civil service rules and the principles of professionalism and impartiality in public administration.
- Conclusion
The Administrative Litigation Law provides a comprehensive framework to protect legality in public administration, both in favour of citizens and in the public interest. Whether the claimant is an injured person, the Ombudsman, the Public Ministry, or the Prefect, all these actors contribute to maintaining the balance between public power and individual rights.
In cases involving the unlawfulness of an administrative act, consulting a lawyer specialised in administrative law is essential—both to identify the correct legal remedy and to comply with the statutory deadlines and procedures.
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