SUSPENSION OF THE ENFORCEMENT OF THE REGULATORY ADMINISTRATIVE DEED - A FATA MORGANA OF CASE-LAW AND DOCTRINE

The article aims to be an analysis of the effects of suspending the enforcement of the regulatory administrative deed in the context in which, as we shall see, opinions are divided both in the specialized literature and in the case-law of administrative contentious courts. Starting from the provisions of Law no. 554/2004 of the administrative contentious, the study shall go through a comparative analysis in regard to the institution of annulment of the administrative deed, as there are authors but also courts of law considering the two concepts as equal ones. We have also shown why we do not adhere to the latter current, inclusively by reference to a series of decisions of the Constitutional Court from which clearly results the individuality of the effects that the two institutions produce on regulatory administrative deeds. We concurrently exemplified this, in the content of the study, with a recent case of the Bucharest Court of Appeal having as a subject matter the suspension of enforcing a regulatory administrative deed. We express our belief, or perhaps at least hope, that in the end, both the specialized literature and especially the practice of the courts of law shall be uniform in the sense of recognizing the independence of the institution to suspend the enforcement of the regulatory administrative deed and its own effects that each case separately has.