Tutelă administrativă. Momentul de la care curge termenul de prescripţie al acţiunii formulate de prefect

Administrative custody. The starting moment of the elapse of the limitation period of the action filed by the prefect

Abstract

From the corroboration of the provisions of art. 3 paragraph (1) and art. 11 paragraph (1) of Law no. 554/2004 it results that the limitation period during which the prefect should file the action for annulment of an administrative act issued by a local public authority is of 6 months and elapses from the date of communication of the act to the prefect.

Consequently, the time when the prefect became aware of the reasons which affected the lawfulness of the appealed act is not relevant and the technical nature of the reasons for unlawfulness invoked either, but the time when the act was communicated to the prefect.

Rezumat

Din coroborarea prevederilor art. 3 alin. (1) şi art. 11 alin. (1) din Legea nr. 554/2004rezultă că termenul de prescripţie în care prefectul...