How to sue the Government or the city hall in Romania for an administrative act? A practical guide to administrative litigation (and the role of the administrative law lawyer)

This article is for information purposes only and does not constitute legal advice. Concrete situations must be analysed on a case-by-case basis together with a lawyer specialised in administrative law and administrative litigation.

1. The starting point: “I received an unfair decision from the city hall/minister. Can I sue them?”

Many clients come to an administrative law lawyer with a seemingly simple question: “I received a tax assessment decision”, “they refused my building permit”, “they cut a salary right”, “they adopted a local council decision that hits me directly – can I sue the city hall or the Government?”. The answer lies in the rules of administrative litigation, laid down mainly in Law no. 554/2004 on administrative litigation and in the Administrative Code (Government Emergency Ordinance no. 57/2019).

In essence, yes – unlawful administrative acts or acts issued with abuse of power can be challenged in court, whether they come from a city hall, a local/county council, a ministry or even the Government, subject to certain conditions. The law defines administrative litigation as the activity of courts solving disputes in which at least one of the parties is a public authority, and the conflict arises from an administrative act, from the failure to resolve an application within the legal time limit or from the unjustified refusal to resolve it.[Law no. 554/2004, art. 2 para. (1) letter f)]

The real problem is not whether you are “allowed” to sue the authority, but whether you can do it within the time limit, based on a clear legitimate interest and with sufficient evidence to convince the court of the illegality of the act.

2. What is, legally, an “administrative act” and which acts can be challenged?

The first step is to understand whether the document affecting you is, in legal terms, an administrative act. Administrative litigation law defines the administrative act (in a broad sense) as the unilateral act with individual or normative character, issued by a public authority, in a public power regime, for the purpose of organising the execution or executing in concreto the law, which gives rise to, modifies or extinguishes rights and obligations.[Law no. 554/2004, art. 2 para. (1) letter c)]

In practice, this generally covers:

• Individual administrative acts: the mayor’s order (dispoziție), tax assessment decision, disciplinary decision against a civil servant, decision rejecting an application (for a building permit, planning certificate, various certificates/authorisations, etc.).
• Normative administrative acts: decisions of local or county councils, Government decisions, ministers’ orders with general character (regulations, implementing norms, etc.).
• Administrative contracts (assimilated to administrative acts) – for example, public procurement contracts or other contracts concluded by authorities for the exploitation of a public asset or the provision of a public service.[Law no. 554/2004, art. 2 para. (1) letter c¹]

There are also explicit exclusions from administrative judicial review, such as administrative acts regarding relations between authorities and Parliament or acts of command with military character, as well as acts for which an organic law establishes a different judicial procedure.[Law no. 554/2004, art. 5]

Apart from these exceptions, the rule is that almost any administrative act that infringes a right or legitimate interest of yours can be challenged before the administrative litigation courts.

3. When does it make sense to challenge an administrative act: legitimate interest and infringed right

The law does not allow you to go to court just “on principle”. You must be able to show an infringed right or a legitimate interest, private or public. An infringed right means a right recognised by the Constitution, by a law or by another normative act, affected by the administrative act you challenge.[Law no. 554/2004, art. 2 para. (1) letter o)]

A legitimate private interest is the possibility of claiming a certain conduct from the authority for the realisation of a future and foreseeable right, while a legitimate public interest concerns the rule of law, constitutional democracy and community needs.[art. 2 para. (1) letters p) and r)]

In practice, it is worth discussing with an administrative litigation lawyer whenever:

• you have lost a benefit (allowance, position, bonus, building permit) or you have been imposed an obligation (tax, fine, sanction) by an administrative act;
• the authority does not respond to your application within the legal time limit (generally 30 days, unless a special law provides otherwise);[art. 2 para. (1) letter h)]
• the authority explicitly informs you that it refuses to solve your application without lawful grounds (unjustified refusal).[art. 2 para. (1) letter i)]

4. Step 1 – Checking the act and the time limit: don’t start the lawsuit “blind”

Before filing a court action, an administrative law lawyer will check: the type of act, the date it was communicated, whether a prior administrative complaint is mandatory and the time limits for filing the action.

As a general rule, administrative litigation law provides that an action seeking the annulment of an individual administrative act, recognition of the claimed right and compensation for damages must be filed within 6 months from different triggering moments (for instance, from the communication of the act, from the communication of the reply to the prior complaint or from the expiry of the time limit for resolving the application). For justified reasons, the action may be filed after this general period, but no later than 1 year.[Commentary on art. 11 of Law no. 554/2004]

In the case of normative administrative acts (for example, a local council decision or a Government decision), the law allows, in principle, that they be challenged “at any time”, without a limitation period, precisely because of their general impact.[Law no. 554/2004, art. 11 para. (4)] Even so, from a practical standpoint, it is not advisable to wait for years, in order to avoid evidentiary and opportunity problems.

5. Step 2 – The prior administrative complaint: why it is (usually) mandatory

In most cases, before you can go to court you must file a prior administrative complaint with the issuing public authority or with its hierarchically superior authority. The law defines the prior complaint as the request by which you ask for the re-examination of the administrative act with a view to its revocation or amendment.[art. 2 para. (1) letter j)]

As a rule, the prior complaint against an individual administrative act must be filed within 30 days from the date of communication, with certain nuances introduced by subsequent legislation and the case-law of the Constitutional Court.[Law no. 554/2004, art. 7][commentaries and CCR Decision no. 12/2020]

However, there are situations where the prior complaint is not mandatory, for example:

• actions brought by the prefect, the Ombudsman, the Public Ministry or the National Agency of Civil Servants;
• actions against Government ordinances or their provisions;
• actions against administrative acts which can no longer be revoked because they have entered the civil circuit and produced legal effects;
• other situations expressly provided for in art. 2 para. (2) and art. 4 of Law no. 554/2004.[Law no. 554/2004, art. 7 para. (5)]

In practice, the lawyer will analyse whether the prior complaint is necessary in your specific case. Note that a prior complaint drafted superficially or without proper legal grounds can make the subsequent court case more difficult.

6. Step 3 – The statement of claim in administrative litigation

If the prior complaint has been rejected or ignored, or if you fall under one of the exceptions where it is not required, the next step is the statement of claim in administrative litigation.

According to Law no. 554/2004, any person harmed in a right or legitimate interest by an administrative act or by the failure to resolve or unjustified refusal to resolve an application may bring an action before the court seeking:[art. 1 para. (1)]

• the annulment, in whole or in part, of the administrative act;
• recognition of the claimed right or legitimate interest;
• compensation for the damage suffered (pecuniary damages and, under specific conditions, moral damages);
• an order compelling the authority to issue an act or carry out an administrative operation.

The statement of claim must contain the elements provided by the Civil Procedure Code, as well as the documents required by Law no. 554/2004 (including a copy of the challenged act or proof of the refusal/non-communication, as the case may be).[art. 12]

7. Which court will hear the case? Jurisdiction in administrative litigation

Material and territorial jurisdiction is regulated by art. 10 of Law no. 554/2004. In essence, administrative litigation cases are heard, at first instance, by administrative and fiscal litigation sections of the tribunals and courts of appeal, depending on the level of the issuing authority and certain value thresholds.[Law no. 554/2004, art. 10 – consolidated text][ANAF material on jurisdiction in administrative litigation]

Correctly identifying the competent court is important; a claim filed with the wrong court delays the proceedings and can complicate the procedure. For this reason, in practice, this analysis is usually carried out by the administrative litigation lawyer.

8. Suspension of the act: how to “stop” temporarily the effects of an administrative act

Often, the client’s question is not only “can I annul the act?”, but “can I stop its effects until the case is over?”. Administrative litigation law provides two main mechanisms for suspending the execution of a unilateral administrative act: art. 14 (provisional suspension, after notifying the authority) and art. 15 (suspension until the final resolution of the action).[Law no. 554/2004, arts. 14–15]

To obtain suspension, two cumulative conditions must be met:

• a well-grounded case – an appearance of illegality of the act, supported by arguments and documents;
• imminent damage – the risk of producing material or hardly reparable damage if the act continues to produce effects until the final judgment.

Court practice shows that judges insist on these conditions, and case-law of the High Court of Cassation and Justice (ICCJ) and appellate courts confirms that mere dissatisfaction with the act or a purely hypothetical damage are not enough. A careful analysis of the risks (for example, demolition, enforcement, definitive loss of certain rights) is essential.[Commentaries on arts. 14–15]

9. What you can ultimately obtain: annulment, obligation of the authority, damages, penalties

Administrative litigation law offers a set of remedies meant to ensure effective judicial control over the administration:

• Annulment of the administrative act – in whole or in part;
• Compelling the authority to issue a certain act or to perform an administrative operation;
• Damages for the prejudice caused by the act or by the refusal/failure to fulfil legal duties (pecuniary damages and, under specific conditions, moral damages);[art. 18]
• Fines and penalties for non-compliance with administrative litigation judgments, imposed on the head of the authority or the responsible person, according to arts. 24–25 of Law no. 554/2004.[arts. 24–25]

Furthermore, the law allows, in certain cases, that the natural person who elaborated or issued the act be sued together with the public authority, if compensation is sought for the damage caused, with possible joint liability.[Law no. 554/2004, art. 16 – doctrinal analysis]

10. How much does a lawsuit against a public authority cost: court fees and other costs

In administrative litigation, the judicial stamp duty is regulated by art. 16 of Government Emergency Ordinance no. 80/2013 on judicial stamp duties, in its updated form.[art. 16 GEO 80/2013 – Sintact reproduction][calculator and consolidated text of art. 16]

For actions brought by persons harmed by an administrative act or by the unjustified refusal to resolve an application, the fee is broadly calculated as follows:

• 50 RON – for actions seeking annulment of the act or recognition of the claimed right, as well as for issuing a certificate, an attestation or another document;
• 10% of the value of the damages sought, but no more than 300 RON – for claims with a pecuniary component, where compensation for the damage caused by the administrative act is also requested.[art. 16 GEO 80/2013 – full transcription]

In addition, you should take into account:

• the lawyer’s fee (freely negotiated, depending on the complexity of the case, workload, the court level, etc.);
• costs for expert opinions, translations, certified copies or other evidence;
• possible litigation costs that you may be ordered to pay if you lose the case (the authority’s lawyer’s fee, other expenses).

The High Court of Cassation and Justice has analysed these fees, including in the context of appeals in the interest of the law, clarifying how they apply in collective cases (for instance, actions brought by trade unions or associations).[ICCJ (RIL) Decision no. 6/2024]

11. Common examples of disputes with city halls, local councils or the Government

Based on court practice and the experience of administrative litigation lawyers, a few types of disputes are particularly frequent:

• Urban planning and construction: annulment of building permits or refusals to issue permits; annulment of local council decisions concerning planning regulations (PUZ/PUG); disputes over planning certificates.
• Tax and administrative law: challenging tax assessment decisions, accessory tax liabilities, decisions rejecting tax appeals issued by ANAF or local tax authorities.[ANAF material – tax and administrative litigation]
• Civil servants and employment in the public sector: annulment of acts dismissing someone from office, disciplinary sanctions, refusal to grant salary or career rights.
• Public services and utilities: acts modifying tariffs, restricting access to services or imposing abusive conditions in connection with the provision of public services (transport, sanitation, utilities).
• Restitution of property, expropriations, assets taken over abusively: disputes generated by implementation of restitution laws, where Law no. 554/2004 interacts with specific restitution legislation and with the case-law of the Constitutional Court and ICCJ.[ICCJ Decision no. 24/2017]

Each of these areas has specific procedural rules, special time limits and overlaps with sectoral legislation (tax law, civil service law, public procurement, etc.). This is another reason why a lawyer with experience in administrative law is important.

12. Suing the Government vs. suing the city hall: who represents the authority?

A delicate practical issue is: who do you sue, concretely? Even if the act appears to be “of the city hall” or “of the Government”, in reality it is issued by a specific authority or institution.

The Administrative Code provides, for example, that:

• the Prime Minister represents the Government in its relations with other authorities and in court, within the scope of his/her powers;[arts. 25 and 28 of GEO 57/2019 – Administrative Code]
• the minister represents the ministry in relations with other authorities, legal entities and individuals, including in court;[art. 55 Administrative Code – excerpts and commentaries]
• the mayor or the president of the county council represents the administrative-territorial unit in court, not in a personal capacity.[arts. 129 and 154 Administrative Code]

Moreover, disputes may target entities without legal personality (departments, services) or the hierarchically superior authority. Identifying the correct defendant is an essential step, treated differently from case to case in court practice and legal scholarship.[Constitutional Court Decision no. 193/2012]

13. When the dispute is no longer “classic” administrative litigation (e.g. ICSID investment arbitration)

Not all disputes with the state or public authorities end up before the domestic administrative litigation courts. For example, foreign investors may, under certain conditions, resort to international arbitration (ICSID – International Centre for Settlement of Investment Disputes), based on the 1965 Washington Convention and bilateral investment treaties.[ICSID – official presentation][ICSID Convention 1965]

In such cases, the Government no longer acts only as an administrative authority, but as representative of the state in an international arbitral mechanism. These proceedings are governed by their own rules, very different from domestic administrative litigation, and require specialised assistance in international arbitration.

14. The role of an administrative law lawyer (administrative litigation lawyer)

A lawsuit against the Government or the city hall is not usually a simple dispute. It combines rules of administrative law, tax law, urban planning, labour law, EU law and complex case-law of the ICCJ, Constitutional Court, CJEU or ECtHR.

An administrative law lawyer can intervene at all stages:

• analysing whether the act is challengeable and identifying grounds of illegality (lack of competence, breach of procedure, abuse of power, violation of a fundamental right, etc.);
• drafting the prior administrative complaint and the statement of claim, with proper legal classification;
• choosing the litigation strategy (application for suspension, raising objections of illegality, evidence strategy, possible requests to refer questions to the CJEU or the Constitutional Court);
• negotiating, where possible, an amicable solution or voluntary compliance with the judgment.

Although the law does not generally impose mandatory representation by a lawyer in first instance, the complexity of these disputes makes, in practice, assistance by an administrative law / administrative litigation lawyer almost indispensable if you want a realistic chance of success.

15. Frequently asked questions about administrative litigation in Romania (FAQ)

1. Within what time limit can I sue the city hall for an individual administrative act?

As a general rule, Law no. 554/2004 provides a 6-month time limit for actions seeking annulment of an individual administrative act, recognition of the claimed right and possible damages. The 6-month period runs, depending on the situation, from the date the act is communicated, from the date the reply to the prior complaint is received or from the expiry of the legal time limit for resolving the application.[Law no. 554/2004, art. 11 para. (1)]

In certain situations, for justified reasons, the action may be filed after the 6-month period, but no later than 1 year, according to art. 11 para. (2).[commentary on art. 11] Normative acts (for example, local council decisions) can, in principle, be challenged at any time.

2. Can I challenge in court a local council decision or a Government decision?

Yes. Decisions of local/county councils and Government decisions are, as a rule, normative administrative acts, and Law no. 554/2004 expressly provides that unlawful normative administrative acts may be challenged in administrative litigation.[arts. 1 and 11 para. (4)] For these acts, the general 6-month time limit applicable to individual acts does not apply; they may be challenged as long as they are in force, subject to the other admissibility conditions (interest, standing, grounds of illegality).

3. Is a prior administrative complaint mandatory before going to court?

In most cases involving individual administrative acts, the answer is yes: the prior complaint is mandatory and must be filed, as a rule, within 30 days from the communication of the act.[Law no. 554/2004, art. 7 para. (1)] There are, however, exceptions (actions brought by the prefect, the Ombudsman, the Public Ministry, actions against Government ordinances, against certain acts that have entered the civil circuit, etc.).[art. 7 para. (5) and Constitutional Court case-law]

Whether the prior complaint is mandatory is assessed specifically, depending on the nature of the act and the category of claimant.

4. Can I request suspension of the administrative act until the end of the proceedings?

Yes. You may file a separate application for suspension of the execution of the administrative act, based on arts. 14–15 of Law no. 554/2004, if you can prove cumulative: (i) a well-grounded case (appearance of illegality) and (ii) imminent damage (a concrete risk of damage that is difficult to repair).[commentaries on arts. 14–15]

The court may order suspension until the judgment on the merits or until the final resolution of the dispute, under the conditions provided by law.

5. What judicial stamp duties apply in an administrative litigation case?

Article 16 of Government Emergency Ordinance no. 80/2013 provides that, in administrative litigation:[art. 16 GEO no. 80/2013]

• applications seeking annulment of the act or recognition of the claimed right, as well as issuing a certificate/attestation – a fee of 50 RON;
• applications with a pecuniary component, seeking compensation for the damage suffered – a fee of 10% of the amount claimed, but no more than 300 RON.

In addition to these fees, you should also consider the lawyer’s fee, possible expert fees and other litigation costs.

6. Do I need a lawyer for an administrative litigation case?

In first instance, the law does not generally impose representation by a lawyer in administrative litigation cases (with some specific procedural exceptions). However, the complexity of the applicable rules, strict time limits and the risk of losing rights due to procedural errors make assistance by an administrative law lawyer / administrative litigation lawyer extremely important in practice.

In higher appeals (typically before the ICCJ or courts of appeal), representation by a lawyer is usually mandatory or, at the very least, very difficult to realistically replace by a person without advanced legal training.

7. What happens if the authority does not comply with the final court judgment?

Law no. 554/2004 establishes a special mechanism for sanctioning non-compliance with administrative litigation judgments. If the authority does not fulfil its obligations within the time limit set by the court, you may request:[arts. 24–25]

• the application of civil fines to the head of the authority or the responsible official;
• the setting of penalty payments for each day of delay, in your favour;
• additional damages for the prejudice caused by the delay in executing the judgment, where appropriate.

Courts have held, in their case-law, that these mechanisms are essential for ensuring the effectiveness of judicial review over public authorities.