We defend people in their dealings with public authorities.
The relationship between an individual and a public authority is, by its very nature, an unequal one. The authority issues acts, rejects applications, imposes obligations, applies sanctions or adopts measures that may directly affect the rights, assets or activities of an individual or a company. Administrative litigation is the means by which the legality of such measures may be subjected to judicial review.
Litigation is our principal area of activity. We approach cases with the utmost seriousness, both in terms of their legal foundation and the management of the proceedings.
Litigation against public authorities. We assist and represent individuals and legal entities in disputes with public authorities and institutions, whether central or local. Such disputes may concern administrative acts imposing obligations, refusing or withdrawing rights, applying sanctions, or affecting financial and professional interests. We act both in challenging administrative acts and in situations where an authority refuses to determine an application, refuses to issue an act or fails to respond within the statutory time limit. In each case, we examine the authority’s jurisdiction, the procedure followed, the legal grounds relied upon, the reasoning of the act and the evidence on which it is based. Public authorities are subject to the law. Their acts are subject to judicial review.
Annulment of administrative acts. An administrative act produces legal effects until those effects are removed in accordance with the law. Challenging such an act involves more than identifying a breached legal provision. It is necessary to understand the mechanism by which the act was issued, the authority’s jurisdiction, the procedure followed, the factual circumstances established and the specific effects produced upon the person to whom it is addressed. We bring and pursue proceedings seeking the annulment, in whole or in part, of administrative acts, as well as the recognition of rights or legitimate interests infringed by them. Where the nature of the case requires it, we seek both the removal of the effects of the act and compensation for the loss caused.
Suspension of the enforcement of an administrative act. In some cases, annulment of the act at the end of the proceedings is not sufficient. The immediate enforcement of an administrative act may cause serious consequences before the court is able to determine conclusively whether it is lawful. In such circumstances, we assess the possibility of seeking suspension of the enforcement of the administrative act as a protective measure pending resolution of the dispute. An application for suspension must be prepared swiftly and rigorously. We identify the grounds of unlawfulness that may be relied upon even at this stage and demonstrate the effects that continued enforcement of the act may produce. In administrative litigation, timing may itself become part of the procedural strategy.
Refusal by the authority and failure to determine applications. Unlawfulness is not manifested only through the acts issued by the administration. Sometimes, the problem lies precisely in a refusal to act. We represent clients in situations where an authority unjustifiably refuses to recognise a right, issue a document, determine an application or perform a statutory obligation. The administrative court may be asked to review the lawfulness of the authority’s conduct and, where the statutory requirements are met, to order the authority to take the action required by law.
Authorisations, approvals and other administrative acts. The granting, refusal, suspension or withdrawal of an authorisation or approval may have a decisive impact on the activity of an individual or a business. We handle disputes concerning administrative acts and procedures relating to the authorisation of activities, approvals, licences and other acts required for the exercise of rights or the conduct of an economic or professional activity. In such cases, what matters is not only the interpretation of the legal rule, but also an understanding of the entire administrative procedure that preceded the dispute.
Administrative sanctions and measures. Regulatory and supervisory authorities may impose measures with significant financial and operational consequences. We examine the lawfulness of the measure, the authority’s jurisdiction, compliance with the applicable procedure, the proportionality of the intervention and the evidence on which it is based. Where the measure is unlawful, we develop the procedural strategy required to challenge it and, where appropriate, to suspend its effects. A sanction does not become lawful merely because it has been imposed by an authority.
Compensation for loss caused by public authorities. Annulment of an administrative act may not, by itself, remedy the consequences produced by that act. An unlawful decision may cause financial losses, disrupt an activity, prevent an investment from being carried out or give rise to other forms of damage. We assess the possibility of recovering such loss and, where the statutory requirements are met, bring claims for compensation against public authorities. In such disputes, proof of the loss and of the causal link between the authority’s conduct and the damage caused must be prepared with the same care as the argument concerning the unlawfulness of the act.
Administrative acts and European Union law. The activity of public authorities is increasingly influenced by European Union law. In cases in which it applies, we analyse national legislation together with the relevant EU rules and the case law of the Court of Justice of the European Union. Where resolution of the dispute depends on the interpretation or validity of a rule of EU law, we also assess the appropriateness of using the preliminary reference procedure. Judicial review of administrative action does not always stop at domestic law.
Evidence in administrative litigation. In disputes with public authorities, documents are essential. The administrative file, correspondence with the institution, applications submitted, responses received, approvals, inspection reports, official records and the documents underpinning the authority’s decision may determine the outcome of the proceedings. We therefore reconstruct the administrative procedure and examine what the authority decided, on the basis of which information, under what procedure and in accordance with which rules. We do not analyse only the justification presented by the authority before the court. We also assess the act by reference to the reasons and documents that existed at the time when it was issued.
Administrative litigation strategy. An administrative dispute must be prepared before proceedings are commenced. The preliminary procedure, time limits, the subject matter of the claim, grounds of unlawfulness, evidence, and the relationship between claims for annulment, suspension and compensation must all be considered together. A procedural error may prevent examination of the merits, however well-founded the challenge against the authority may otherwise be. We therefore manage the dispute as a whole: from the first steps before the administration through to the final judgment and its enforcement.
Litigation experience. We have extensive and highly positive experience in litigation. Experience matters particularly where the opposing party is an institution with its own administrative machinery, access to documents and institutional mechanisms that are not available to the individual. We approach each case according to its particular circumstances and select the procedural means capable of effectively protecting the client’s rights and interests.
We defend people in their dealings with public authorities.
Alina Matei, Lawyer
Răzvan Crăciunaș, Lawyer
Camelia Sutiman, Lawyer
Dr Dan Șova, Lawyer