Determining the competent court and complying with the statutory time limits for filing an action are two essential aspects of administrative litigation. They can make the difference between an admissible claim and one dismissed as time-barred or filed with a court lacking jurisdiction.
- The competent court
Under Article 10 of the Administrative Litigation Law, jurisdiction is established depending on the nature of the issuing public authority and, in some cases, on the monetary value of the dispute:
- Administrative and tax tribunals have first-instance jurisdiction over disputes concerning administrative acts issued by local and county authorities, as well as tax matters (taxes, duties, customs debts and related accessories) up to RON 3,000,000.
- Courts of appeal, through their administrative and tax litigation sections, have first-instance jurisdiction over acts issued by central public authorities and over tax matters exceeding RON 3,000,000.
Claims concerning non-reimbursable financing from EU funds are also heard depending on the value involved, while claims regarding non-monetary (non-assessable) acts are determined by the rank of the issuing authority.
Private individual or corporate claimants must file the action with the court having jurisdiction over their own domicile or registered office, whereas public authorities acting as claimants must address the court of the defendant’s headquarters.
- Time limits for filing the action
Compliance with the time limit for referring the matter to the court is an essential admissibility requirement.
According to Article 11 of the law, the action may generally be filed within 6 months from:
- receipt of the response to the prior administrative complaint;
- communication of the refusal to resolve the request;
- expiry of the legal time limit for resolving the complaint or request.
For well-grounded reasons, the law allows filing even after the 6-month period, but no later than one year from the date the act was communicated or from the moment the claimant became aware of it.
An important exception concerns normative administrative acts and Government ordinances, which may be challenged at any time, with no limitation period.
Likewise, for actions brought by the Prefect, the Ombudsman, the Public Ministry (Prosecutor’s Office), or the National Agency of Civil Servants (ANFP), the time limit runs from the moment they became aware of the existence of the allegedly unlawful act.
Conclusion
Correctly identifying the competent court and filing within the statutory deadline are key steps in any administrative litigation matter.
Missing the deadline or filing with a court lacking jurisdiction may result in dismissal, regardless of the merits of the case.
To avoid such risks, it is advisable to consult a lawyer specialised in administrative law before filing the action.
EN 
RO