Command Acts Of Military Nature. Considerations On The Actuality Of The Regulation

Command acts of military nature are traditionally regulated in Romanian law as absolute exceptions to the legality control of administrative litigation courts. The notion is mentioned in the Constitution of 1923, and it was later seen in the laws on administrative litigation in 1925 and in 1990. Currently, the Romanian Constitution of 1991, as revised in 2003, stipulates the command acts of military nature as exceptions to the judicial control of the administrative acts of public authorities, by way of administrative litigation. The administrative litigation law no. 554/2004 duly regulates this category of legal acts, including through the establishment of a definition. In spite of this complex, constitutional and legal regulation, the command acts of military nature have benefited from minor attention from the doctrine. Right from the beginning of the regulation, the extrajudicial character of the notion was emphasized, based on the need to ensure the discipline of the military and the conditions specific to the military operations. Besides the treaties and the academic law university courses, the interest of the doctrine in the legal regime is limited, the main cause being considered the lack of relevance in the practice of administrative litigation courts. Legal controversies regarding the legality of the Decree of the President of Romania no. 1331/28.12.2018 have brought back the interest in command acts of military nature, and therefore it is necessary to re-value this notion under the current demands of doctrine and practice. The article analyses, from a critical perspective, the controversial issues in relation to the main doctrinal approaches and the jurisprudence trends in this field.