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Universul Juridic magazin

The system of forced execution in the contentious administrative matter

The enforcement procedure specific to administrative law, being placed at the end of a trial that is often difficult, shall be considered by the jurists in a relaxing way. After having read this article, one could find that this attitude is not at all justified, as doctrine and case-law left room for certain radically opposed solutions, which may considerably influence the fate of the trial and the situation of the person, and in the absence of a very detailed analysis, no clear solutions could be easily reached. The analysis starts from the legal texts from the Law no. 554/2004 of the administrative contentious, with adequate references to the regulation of common law, the Code of civil procedure, continuing with the relevant doctrine in the matter and the solutions given in the legal practice. Except the typical issues relating to forced execution in the matter of administrative contentious (timely implementation, writ of execution, material jurisdiction, sanctioning conditions, guilt, remedies at law and proceedings for recourse), certain topics not closely monitored in the doctrine and case law before were approached, such as the legal nature of the sanction of penalty charged, regularization of applications, functional jurisdiction of the court and the jurisdiction of the common law courts for enforcing the administrative deed, the deadline within which the penalty may be charged in the light of the new civil procedural regulation, the concept of manager of the authority and the liable person, the period for which the active subject may be fined and the setting of a maximum limit of the sanction.