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The issuance of an administrative act under sanction to periodic payments. Illegality

The High Court of Cassation and Justice has ruled that, in accordance with art. 24 para. (1) and (2) of the Administrative Litigation Law no. 554/2004, a fine of 20% of the gross minimum wage in the economy  can be applied to the head of the public authority or where appropriate apply to the person liable. The fine can be applied for each day past the deadline, and the plaintiff is entitled to damages for delay, only if the execution deadline set for the decision is not met. Therefore, as long as the word of  law provides for a period within which the public authority is to execute the judgment, in this case to issue a decision granting compensation, before the deadline is met, it is unlawful to order it to satisfy periodic penalty payments. (Decision no. 1048 dated February 28, 2012 rendered on appeal by the Department of Administrative and Fiscal Litigation of the High Court of Cassation and Justice regarding the obligation to render decision for compensation)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

 

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