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The admissibility of a matter in the administrative court in regard with the delay of a penal ruling

The judges from the High Court of Cassation and Justice appreciated (in the Decision no. 2282 dated the 15th of April 2011 rendered on appeal by the Administrative and Fiscal Section of the HCCJ having as object the resolution of the plaintiff’s petition regarding the communication of the reasons for the delay of a penal ruling) that, the in compliance with the provisions of article 2, paragraph (1), letter i) from the Law of contentious matter no. 554/2004, by the unduly denial of a response to an inquiry it is understood the explicit expression, with excess of power, of the unwillingness to respond to an inquiry regarding a right or a legitimate interest. In this concrete case, the subject matter is the coercion of the High Court of Cassation and Justice to answer the plaintiff’s petition regarding the communication of the reasons for the delay of a penal ruling by the panel of 9 judges of the HCCJ. In this matter the High Court found that the plaintiff was given a response, and that the fact that he is unsatisfied with the answer that he was given does not equate with an unduly denial of his petition and that it does not give him the right to compensatory damages for his losses, as stated in article 1 of the Law no. 554/2004. The High Court also showed that the reasons for delayed writing of a penal ruling cannot be the subject of a suit based on the Law of contencious matter, so in this regard the ruling of the trial court, that acknowleged the plaintiff’s suit, is unlawful.

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Vlad VRINCEANU

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