The Legal Force and the Effects of Administrative Acts in Light of the New Regulation
Keywords:administrative act; legal effects; tempus regit actum; legislator; ending of legal effects
The administrative act produces effects for a period of time until it is at an end – tempus regit actum.
Publicity of acts constitutes a validity condition; no one could invoke the nemo censetur legem principle. Three
main modalities entail the end of the effects: the act is at an end, falling into desuetude or repealed. There are
also other cases, such as: a) repealing of the legal basis; b) ascertaining the unconstitutionality on the basis of
article 147 par. (1) of the Constitution; c) adoption of a law for the rejection of an ordinance; d) issuance of a
decision that declares unconstitutional the law for the approval of an ordinance; e) inexistence and caducity of
an ordinance; f) repealing of the repealed norms of ordinances; g) annulment of a normative administrative act;
h) promulgation of the law before the issuing of the decision by the Constitutional Court; i) ending the effects
of a governmental decision, following the removing of a company from the companies registry; j) total
replacement of the title and object of a regulation through the law for the approval of an ordinance. Accordingly,
the cases of ending effects of administrative acts are wider than the three main modalities, as well as the
institution of ending legal effects of normative acts is broader than the institution of repealing those acts.
Law no. 60/2010 on the approval of the Government Emergency Ordinance no. 61/2009 for the amendment and completion of
Law no. 24/2000 regarding the norms of legislative technique for the elaboration of normative acts, published in the Official
Monitor of Romania, Part I, no. 215 of April 6, 2010, giving the texts a new numbering.
Government Ordinance no. 2/2001.
Iovanas, I. (1977). Dreptul administrativ si elemente ale stiintei administratiei/Administrative law and elements of the science
of administration. Bucharest: EDP.
Iorgovan, A. (2005). Tratat de drept administrativ/Administrative Law Treaty, 2Ed., Vol. II, p. 66, in Nicola, I. Drept
administrativ /Administrative Law. Sibiu: U.L.B.S.
Alexandru, I. in Alexandru, I.; Carausan, M.; Bucur, S. (2005). Drept administrativ/Administrative Law. Bucharest: Lumina
Ionescu, R. quoted by Iorgovan, A. (2002). Tratat de drept administrativ/Administrative Law Treaty, Vol. II, 3rd Ed.,
Bucharest: All Beck.
Santai, I. (2002). Drept administrativ si stiinta administratiei/Administrative Law and the Science of Administration, vol. II.
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