DISCUȚII PRIVIND PROCEDURA PREALABILÃ ÎN CAZUL AUTORIZAȚIEI DE CONSTRUIRE

Article 7 paragraph 1 of the Law no. 554/2004 regarding Administrative Litigation regulates the “preliminary procedure”; therefore, the establishment that, before addressing the administrative courts, the prejudiced person in his/ her own right or interest (usually by an individual administrative action) shall require the issuing authority (or the superior authority, if any) the (in whole or in part) rescission of the action, within 30 days from the notification date of the action concerned. As the “preliminary procedure” issue presents some peculiarities in the matter of the construction permit [covered by Law no. 50/1991 on the authorization of construction works (republished on 13 October 2004)], the study’s author, examines on the one hand, in detail, the issue of the “preliminary procedure”, and on the other hand, presents the peculiarities mentioned above.