Suspendarea executării autorizaţiei de construire şi desfiinţarea construcţiilor

Dr. Oliviu PUIE

Abstract

The suspension of the execution of the individual administrative act, as is the case of the building authorisation, is regulated by the provisions of art. 14 of Law no. 554/2004 on the administrative dispute, which transpose, as a principle, the Recommendation (89) 8 of the Committee of Ministers of the Council of Europe into the national law, and by the provisions of art. 15 of Law no. 554/2004 on the administrative dispute.

The issue of the suspension of the building authorisation raises problems in the context within which the dispositions of art. 12 of Law no. 50/1991on the authorisation of the execution of building works stipulate that the suspension of the execution of building authorisation lasts until the first instance court renders a decision with regard to the action for annulment, not until the decision of the court has remained final and irrevocable, thus possibly...