A critical analysis of the exceptions to judicial review

The review of the Romanian Constitution adopted in 1991, by the Law on review published in the Official Gazette No. 669 of September 22, 2003, represents a particularly important moment for opening and developing the Romanian administrative review based on the principles of a state governed by the rule of law. We say this because the new rules which it contains eliminated many faulty regulations that the Law no.29/1990 on the administrative review contained. Moreover, it brings new rules that fit much better the social and legal realities in our country, found in a moment of affirmation within the democratic world. The amendment that interests us in particular is contained in section 6 of Article 126, which provides the following: “the judicial review of public authorities’ administrative actions, in relation to administrative review, is guaranteed, except for those relating to the relationship with the Parliament as well as to the provisions of military command. The administrative courts are competent to deal with the applications of the persons prejudiced by ordinances or, as the case may be, by ordinances declared unconstitutional†.