Theory of Endorsements: Legislative and Jurisprudential Development in Romania and in the European Union

IF 1.3 Q1 LAW
Laws Pub Date : 2023-10-16 DOI:10.3390/laws12050083
Vasilica Negruț, Ionela-Alina Zorzoană
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Abstract

Considered as being the main component element of the advisory procedure, an endorsement is an opinion that an administrative body requests from certain authorities and administrative structures, according to the subject matter of the regulation, to adopt/issue an administrative deed. In this article, using logical interpretation as well as comparative analysis, we set out to highlight the significance of endorsements in Romania, outline their legal nature, and establish the relationships between the types of endorsements, so that the conclusions may represent a starting point for a future theory of this type of documents. We considered the French specialty literature to give a comparative law note to our approach. At the same time, we considered certain types of endorsements in some European states, based on the analysis of a Codex regarding a series of Constitutions of some European states in order to emphasize the importance they give to these endorsements. We gave an overview of the theory of endorsements through the lens of the existing legislation over time in Romania or rather, its lack thereof. In our study, we also referred to the draft ReNEUAL Code of Administrative Procedure of the European Union, which aims at “transposing the European values into the regulation of administrative procedure related to the non-legislative implementation of European Union law and policy”. We set out on this analysis, considering the lack of legal regulation of endorsements, their legal nature, and their effects, with reference not only to doctrine but also to some cases that we considered for analysis from court practice. In the framework of the new effort to develop the Code (still in the draft form) in Romania, it seems that endorsements will receive their well-deserved place, distinct from simple administrative operations. Our main approach concerns Romanian legislation, doctrine, and jurisprudence, but it also includes a brief analysis of the jurisdiction of the Court of the European Union, with reference to the endorsements issued at the level of the institutions of the European Union. As a general conclusion, we believe that endorsements should be separately regulated, by clearly distinguishing between administrative documents and administrative operations, in the future Code of Administrative Procedure.
背书理论:罗马尼亚和欧盟的立法和法理发展
作为咨询程序的主要组成部分,核可是行政机构根据条例的主题要求某些当局和行政结构通过/签发行政契约的意见。在本文中,通过逻辑解释和比较分析,我们着手强调罗马尼亚背书的重要性,概述其法律性质,并建立背书类型之间的关系,以便结论可能代表未来这类文件理论的起点。我们考虑了法国专业文献,为我们的方法提供了比较法注释。与此同时,我们根据对一些欧洲国家一系列宪法的法典分析,考虑了一些欧洲国家的某些类型的认可,以强调它们对这些认可的重要性。我们通过罗马尼亚现有立法的镜头对背书理论进行了概述,或者更确切地说,它缺乏背书理论。在我们的研究中,我们还参考了欧盟的ReNEUAL行政程序法典草案,该草案旨在“将欧洲的价值观转化为与欧盟法律和政策的非立法实施有关的行政程序的监管”。考虑到背书缺乏法律规范、背书的法律性质和效力,我们不仅参考了理论,还参考了我们从法院实践中分析的一些案例,开始了这一分析。在罗马尼亚发展《治罪法》(仍处于草案形式)的新努力的框架内,与简单的行政操作不同,核可似乎将得到其应得的地位。我们的主要方法涉及罗马尼亚的立法、理论和法学,但它也包括对欧洲联盟法院的管辖权的简要分析,并参照欧洲联盟各机构一级发出的核可。作为一个总的结论,我们认为,在今后的《行政程序法》中,应当通过明确区分行政文件和行政业务来单独规定背书。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
Laws
Laws LAW-
CiteScore
2.00
自引率
16.70%
发文量
77
审稿时长
11 weeks
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