HCCJ. Legitimate interest in formulating administrative action

High Court of Cassation and Justice has decided that it is contrary to Art. 13 of the European Convention on Human Rights (right to an effective remedy) to be allowed to a third party to request the disciplinary bodies of Architects a sanction against a member of the order, but not to be allowed to contest in Court the decision of the National Commission for Discipline and the action to be dismissed as inadmissible. In this regard, the High Court observed that, although Law no. 184/2001 on the organization and the profession of architect expressly states the possibility of a disciplinary sanctioned person to appeal the decision to the competent administrative court, does not contain express provision in the sense of the possibility to appeal the decision to the court by the person who has requested to sanction an architect. The High Court held that the absence of such express provision does not remove the provisions of general law in this area, namely the Law no. 554/2004, the person who requested the sanction having a private legitimate interest in formulating that appeal and refusal to grant access to court its lead to infringement of rights within the meaning of Art. 1 of Law no. 554/2004. (Decision no. 707 of 13 February 2014 rendered in the appeal of the Administrative and Fiscal Division of the High Court of Cassation and Justice for the annulment decision sanctioning architect).

:: The Source: JURIDICE.ro

Oana-Maria CHIRIȚĂ

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