Despre un caz particular în aplicarea Ordonanţei de urgenţă a Guvernului nr. 27/2003 privind procedura aprobării tacite

prof. univ. dr. Titus PRESCURE

lect. univ. dr. Cătălina Georgeta DINU

Facultatea de Drept, Universitatea "Transilvania" din Braşov

ABSTRACT

The Financial Supervisory Authority, an autonomous administrative authority, exercises supervisory powers over the management of companies under a regulation that has no correspondence in primary legislation in the capital market field. Starting from a particular case, we would like to point out in this article that the evaluation activity of the Financial Supervisory Authority is subject to arbitrariness, Regulation no. 14/2015 containing regulations that add to the law. Moreover, according to a court decision, the opinion of the ASF does not fall within the scope of the administrative acts to which the tacit approval procedure regulated by Emergency Ordinance no. 27/2003is applicable, which we consider to be distorted and...