Act administrativ. Refuz nejustificat de emitere a unei autorizaţii de deţinere armă

Administrative action. Unjustified refusal of issuing a gun permit

Abstract

The unjustified refusal, defined by art. 2 paragraph (1) letter i) of Law no. 554/2004 as the explicit expression, with misuse of powers, of the will of not solving the request submitted by a person, shall be examined in the light of exercising the appreciation right of the public authorities by breach of the limits of their competencies provided by law or by breach of the citizens’ rights and freedoms [art. 2 paragraph (1) letter n) of the same law].

In this case, according to art. 14 paragraph (1) letter f) of Law no. 295/2004, the person requesting the gun permit shall not present any danger to public order, to people’s life and integrity etc., as the smallest doubt related to this condition may determine a justified refusal of the authority to issue the gun permit.

Rezumat

Refuzul nejustificat, definit de art. 2 alin. (1) lit. i)...