IDEAS home Printed from
   My bibliography  Save this article

The Legality Control Made By The Prefect’S Institution On The Acts Of The Local Public Administration Authorities


  • Eugenia IOVANAS

    (Lecturer PhD, Aurel Vlaicu University Faculty of Human Sciences Public Administration, ROMANIA.)


The prefect may directly contest, in front of the administrative legal department, the acts issued by the local public administration’s authorities, if they find them illegal; the action is drawn within the time foreseen by the article 11 paragraph (1), from the law of the administrative legal department, time frame starting to flow from the moment the prefect communicates the act and in the terms foreseen by law. Article 124 of the Law nr. 215/2001 – Law of local public administration, republished, with the ulterior alterations and completions, regulates the law of local councils to „give in free use, for a limited time, the mobile assets and the real estates public or private, local or county property, according to the case, to the companies with no lucrative purpose, that develop the charity or public utility or public services activities”. From the content of the legal dispositions listed above it clearly results, that the local public authority decides, in exercising its attributions, only through decisions, in all fields attributed through law. The court of law has the duty to delimit the categories of these decisions, according to their legal nature of authority administrative acts, of acts of civil law, of commercial law etc, with the consequence of delimiting the material competence of the administrative legal department related to other courts. In order for the decisions adopted to constitute adopted acts/ issued as public power, even though to be censored in the conditions of the administrative legal department, these must aim the public or public property.

Suggested Citation

  • Eugenia IOVANAS, 2015. "The Legality Control Made By The Prefect’S Institution On The Acts Of The Local Public Administration Authorities," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 63, pages 59-66, December.
  • Handle: RePEc:pmu:cjurid:v:63:y:2015:p:59-66

    Download full text from publisher

    File URL:
    Download Restriction: no

    More about this item


    Prefect; administrative acts; legality control; public property; private property;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:63:y:2015:p:59-66. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.