Administrative
Litigation
in Romania
How to challenge public authority decisions in Romania: when it applies, what the process involves, and how to track your administrative case online.
What is administrative litigation?
Administrative litigation (contencios administrativ) is a specialized judicial procedure through which individuals, companies, and other entities can challenge administrative acts (decisions, orders, regulations) issued by public authorities. It is regulated by Law no. 554/2004 on administrative litigation.
This type of case arises when a public authority — such as a city hall, county council, government agency, ministry, or any other public institution — issues an act that is illegal, violates the rights of a person, or fails to act on a legitimate request within the legal deadline.
Administrative litigation serves as an essential check on government power, ensuring that public authorities act within the law and respect the rights of citizens and businesses. It is heard by specialized sections of tribunals and courts of appeal, with recourse to the High Court of Cassation and Justice.
When to use administrative litigation
Illegal Administrative Decisions
When a public authority issues a decision that violates the law or your rights — building permits, tax assessments, sanctions.
Failure to Respond
When a public authority does not respond to your request within the legal deadline (typically 30 days). Silence is treated as refusal.
Refusal to Act
When an authority expressly refuses to process your request, issue a permit, or perform a legally mandated action.
Normative Acts
Challenging local regulations, ordinances, or government decisions that are illegal or exceed the authority's competence.
Stages of administrative litigation
Prior Administrative Complaint (Plangere prealabila)
Before going to court, you must file a complaint with the authority that issued the act. The authority has 30 days to respond. This step is mandatory — the court will reject your case if you skip it. The complaint must clearly state what you are contesting and what resolution you are seeking.
Filing the Court Action (Cererea de chemare in judecata)
If the authority rejects your complaint or does not respond within 30 days, you can file an action with the tribunal (sectia de contencios administrativ). The deadline is 6 months from receiving the response or from the date the response was due. You can also request suspension of the contested act.
Trial at First Instance (Fond)
The tribunal examines the legality of the administrative act, hears the parties, and reviews the administrative file. The court can annul the act, order the authority to issue a new act, or award damages. The trial typically involves 2-4 hearings over 6-18 months.
Recourse (Recurs)
The losing party can file a recourse (appeal on law) with the court of appeal or the High Court of Cassation and Justice, depending on the type of act contested. The recourse is decided within 6-12 months and the decision is final.
Typical timeline for administrative cases
Administrative litigation cases have specific timelines that are important to understand:
How to check your administrative case online
Administrative litigation cases are registered in the Romanian court system and can be tracked with StatusDosar. Visit the case search page, enter your case number and access:
- ✓ Current case status and procedural stage
- ✓ All hearing dates and courtroom assignments
- ✓ Court decisions on suspension requests
- ✓ Final decisions and recourse status
Frequently asked questions
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