2016
Emilia Lucia CĂTANĂ, Peculiarities of the Silence of Administrative Authorities. Comments upon Recent Case-law of the High Court of Cassation and Justice
Abstract:
The failure to solve a request within the legally
established deadline, as constitutionally approved and defined by the Law no.
554/2004, has generated both doctrinal disputes, and most specifically, various
jurisprudence interpretations and solutions.
From the perspective of solving a
request within the legally established deadline, it is of a particular interest
how its implications, encountered in the administrative practice, are reflected
in the solutions of the court;therefore this study is a brief analysis of certain
peculiarities as regards solving a request within the legally established
deadline, with emphasis on commenting on Decision no. 30/2015 of the High Court
of Cassation and Justice-Department for solving law problems. This decision
shows that according to the High Court of Cassation and Justice, there are
cases where the delay can even lead to retroactive effects in the form of
administrative declarativeacts exempted from the constitutional principle of
non-retroactivity in European law.
Key-words: failure to solve a request within the legally established deadline, the lack of response from the administration, administrative declarative act, delay
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