Romanian Court’s review of the administrative discretionary decisions

Authors

  • O. Saramet Transilvania University of Brasov, Romania
  • G.B. Sparchez Transilvania University of Brasov, Romania

Keywords:

administrative discretion, judicial review of discretion, proportionality

Abstract

The following paper aims to make a contribution to the doctrinal debates that arise around the need to know where the legal conduct of administration objectified in the exercise of discretion ends, respectively where the abuse of rights begins. In this regard, we are interested in seeing to what extent a genuine judicial review has emerged in Romania in order to control the abuse of discretionary power and whether this review is based on coherent, consistent principles that substantiate solutions in our national case law.

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Published

2019-02-22