The Guarantee Of The Right Of A Person Aggrieved By A Public Authority In Romania - Selective Administrative Aspects

The present study aims to analyse the selective administrative aspects regarding the granting of the right of a person aggrieved by a public authority in Romania. The right of a person – natural person or juridical entity – aggrieved by a public authority in Romania is regulated by the Article 52 of the Constitution of Romania. Therefore, this fundamental right which guarantees also the right of the players in economy, being granted at the Constitutional level, ensures a good administration of the rule of law and grants a safety of the economic and business climate in Romania. It is granted the fundamental right of a person aggrieved through an administrative deed or through a request which was not settled within the legal time limit and, at the same time, by granting to that person a right to approach the competent authorities and to be entitled to obtain the recognition of the claimed right or of the legitimate interest, with the annulment of the deed and the repair of prejudice, respectively. The liability of the Romanian State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted the juridical, constitutional and administrative ways of defence for the natural person or juridical entity – aggrieved by a public authority in Romania.