Elena-Mihaela Fodor, PhD
Associated Professor, „Dimitrie Cantemir” Christian University, Faculty of Law Cluj-Napoca, Romania

The whole activity of the public administrative bodies is governed by the principle of legality. Single-case decisions are an important part of this activity. The procedure for issuing administrative decisions has to be precise and ensure the predictability of law. Nevertheless, errors may occur and situations related to an already issued administrative single-case decisions may change. The administrative bodies have to be able to straighten things by ending the effects of illegal single-case decisions or of decisions that are no longer in accordance with the law or endanger the public interest. This power must not be used in a way that violates human rights. The paper analyses the rules regarding the power of administration to terminate the effects of single-case decisions in the Romanian legal system, respectively the rules for annulment and withdrawal of such decisions. Both annulment and withdrawal of single-case decision making have different effects in accordance with the reasons for their application. As Romania has recently adopted the Administrative Code, but does not yet have yet an administrative procedure law, the analysis aims to determine how the traditional rules cope with the protection of human rights. A comparison with the legal rules provided by the administrative procedure laws in Balkan countries is presented.

Keywords: administrative decisions, nullity, withdrawal, human rights.

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