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What can you actually do when you receive an unlawful decision from City Hall? A practical guide to the correct reaction

The guide shows how to recognise an unlawful decision, what deadlines apply and which documents you must gather before reacting. It then walks you through administrative complaints, court proceedings and possible outcomes, so that you respond calmly and effectively instead of losing rights by waiting.

This article has a general informative character and does not represent legal advice. Concrete situations must always be analysed individually together with a lawyer specialised in administrative law and administrative litigation.

Many people open a letter from City Hall, read it twice and are left with the clear feeling that “something is wrong”. It may be a tax decision, a payment summons, a letter in which a right is refused, or a mayor’s order that changes overnight the situation of a plot of land, a building, or an authorisation.

The usual instinct is either to get angry or to give up: “you can’t fight City Hall”, “the State is always right anyway”, “I’ll just pay and be done with it”. From a legal perspective, this is precisely the reaction that can hurt you most, because the law gives you defence tools – but those tools are all tied to short deadlines and fairly strict procedures.

The aim of this article is to answer one very concrete question: how should you react, correctly and in time, when you receive an unlawful “paper” from City Hall? We will not discuss administrative law in the abstract, but focus on the practical steps you can take, what type of document you are dealing with, what deadlines are running and what options you have (prior administrative complaint, action in administrative court, tax contestation, contravention complaint, etc.).

In addition, you will find references to legal texts and other useful materials, so you can verify the information yourself and have a solid starting point for any discussion with a lawyer.

1. What kind of “paper” have you actually received from City Hall?

In legal language, not all “papers” are the same. Depending on what you have received, different rules and deadlines apply. The first thing you should do is identify the nature of the document.

1.1. Individual administrative act (decision, order, resolution, letter)

In Romanian administrative law, an administrative act is, in short, a unilateral act issued by a public authority (for example, City Hall), in the exercise of public power, by which rights and obligations are created, modified or extinguished. This notion is expressly defined in Law no. 554/2004 on administrative litigation, which also sets out the procedure by which such acts may be challenged in court. You can consult the official version (in Romanian) here: Legea nr. 554/2004 a contenciosului administrativ.

In practice, an individual administrative act issued by City Hall can be, for example:

  • a mayor’s order (on urban planning, construction discipline, staff of the institution, etc.);
  • a decision or a letter approving or rejecting your application (permit, authorisation, certificate, financial support, etc.);
  • a local council decision that directly affects you (for example, a decision regulating a certain area, setting local taxes or reconfiguring a road that affects access to your property).

As a rule, these acts fall under Law no. 554/2004 and can be challenged in administrative litigation, after going through the prior administrative complaint procedure, with some exceptions provided by law.

1.2. Tax administrative act (tax assessment, payment summons for local taxes)

City Hall also issues tax administrative acts, for example:

  • tax assessment decisions for building tax, land tax or vehicle tax;
  • payment summons for amounts owed to the local budget;
  • ex officio tax assessments, where City Hall considers that you did not correctly declare your tax situation.

These acts are mainly governed by the Tax Procedure Code – Law no. 207/2015, which lays down a specific regime for their challenge (typically a 45-day deadline for the tax contestation) and special rules on enforcement. The Romanian official text is available here: Legea nr. 207/2015 privind Codul de procedură fiscală.

1.3. Contravention report drawn up by the local police or another entity under City Hall

You may also receive a contravention (misdemeanour) report drawn up by the local police or by other structures under City Hall (for example, for illegal parking, construction works without permits, breach of local rules, etc.).

This type of report is governed by Government Ordinance (OG) no. 2/2001 on the legal regime of contraventions. If the report is issued by an entity under City Hall, it is still part of local administration activity, but the remedy is a judicial one: the contravention complaint filed with the court, and not a simple administrative contestation. The Romanian official text (useful for your lawyer) can be consulted here: OG nr. 2/2001 privind regimul juridic al contravențiilor.

Bottom line: before reacting, clarify what kind of act you are dealing with. You can even write with a pen in the corner of the document something like “administrative act – Law 554?”, “tax act – Tax Procedure Code?”, “contravention – OG 2/2001?”. It will be easier to structure things later with a lawyer.

2. How can you tell that the act is (at least apparently) unlawful?

Ideally, an act issued by City Hall should be clear, reasoned and lawful. In practice, things often look different. Without turning this into an academic lecture in administrative law, there are a few simple questions you can ask yourself when you read the document:

2.1. Is City Hall (or that specific department) competent to issue this act?

Every public authority has powers established by law. If a department or directorate within City Hall issues an act “outside” the legal powers it has, we are dealing with a competence issue. The Administrative Code (Government Emergency Ordinance – GEO no. 57/2019) is built on the principle of legality and normatively established competences: authorities and civil servants must act within the limits of the powers conferred by law. You can see the Romanian version here: OUG nr. 57/2019 – Codul administrativ.

2.2. Is the act properly reasoned? Does it explain “why” and “on the basis of which law”?

A serious administrative act normally contains:

  • the factual basis – what concrete situation is retained (your application, the authority’s findings, etc.);
  • the legal basis – the rules it relies on: articles from laws, government decisions, local council decisions, etc.;
  • the operative part – what is actually decided: approved, rejected, ordered, annulled, etc.

The absence of reasoning or purely formal reasoning (“having regard to the applicable legislation…”) may represent a serious illegality and is often an important argument in administrative litigation or tax contestation.

2.3. Has the act been issued following the procedure laid down by law?

Even if City Hall is competent and the act looks reasoned, the procedure of issuing it may be flawed: for example, failure to carry out the mandatory public consultation, failure to comply with statutory deadlines, failure to communicate prior documents, failure to hear the person concerned before taking a restrictive measure, etc. Many procedures are detailed in the Administrative Code and in specific laws (urban planning, environment, public services, etc.).

2.4. Does the act inform you what legal remedies you have and within what time limit?

Properly drafted administrative or tax acts should indicate at the end what remedy you have, to which body it must be addressed and within what statutory deadline. If this information is missing or incorrect, it does not mean that you no longer have the right to challenge the act – but it may influence how the court looks at your good faith and how it calculates the deadlines, especially if the case goes to court.

3. First step: do not ignore the act and ask for clarifications in writing

Even if you are convinced that the “paper” is unlawful, the first correct reflex is not to ignore it. Deadlines for challenging it usually run from the date of communication, and missing them can effectively close access to remedies.

In many situations it is useful to submit a request for clarification or rectification addressed to City Hall, in which you:

  • ask for clarifications on the legal basis and on the method of calculation (for example, for a tax or an obligation imposed on you);
  • request that the remedy and deadline provided for by law be expressly indicated;
  • request, where appropriate, the revocation or modification of the act by administrative means, briefly explaining why you consider it unlawful.

Such a request can take the form of a simple petition, governed by OG no. 27/2002. Under this ordinance, public authorities must reply to petitions within 30 days from registration, with the possibility of an additional 15 days in complex cases. The Romanian text is available here: OG nr. 27/2002 privind soluționarea petițiilor.

In parallel, in many cases, lodging a prior administrative complaint (in the sense of Law no. 554/2004) is a mandatory condition before going to court. Therefore, the clarification request can be drafted from the outset as a genuine prior complaint, properly structured.

For a broader discussion of abuses such as “they do not reply to you” or “they simply ignore your application”, you can also read the dedicated article (in Romanian): „Tăcerea administrației poate fi un abuz”.

4. The prior administrative complaint against City Hall’s act – an essential step before going to court

In administrative litigation, Law no. 554/2004 provides, as a rule, that before you can address the court you must file a prior administrative complaint against the act issued by City Hall or, as the case may be, against the refusal to issue an act or to solve an application.

4.1. What is the prior administrative complaint?

The law defines the prior complaint as the request by which you ask the issuing authority (or the hierarchically superior authority) to re-examine the administrative act with a view to revoking or modifying it. It is not an informal “letter of dissatisfaction”, but a legal act with clear effects on the running of deadlines and on the admissibility of the court action. See Law no. 554/2004 (Romanian) for details: Legea nr. 554/2004.

4.2. General deadline: 30 days (with a maximum time limit of 6 months)

In its current form, the law generally provides a 30-day term for lodging the prior complaint, calculated from the date you became aware of the content of the act (usually the date of communication), with certain limits and particular rules (for example, a maximum 6-month limit depending on the type of act and the situation). Missing this deadline can significantly complicate subsequent steps in court.

Therefore, in practice, it is prudent that, within a maximum of 30 days from receiving the act you consider unlawful, you:

  • determine, together with a lawyer, whether the act falls under Law no. 554/2004 or under other special legislation;
  • draft a clear prior complaint, stating the facts and legal grounds and addressing it to the correct authority (the issuer or the superior authority, as required by law);
  • send the complaint by a method that allows you to prove date and content (for example, registered post with acknowledgement of receipt or registration with the institution’s registry).

4.3. What should a prior administrative complaint contain, at a minimum?

From a practical perspective, the prior complaint should include at least:

  • your identification data and the identification data of the act (number, date, issuing authority);
  • a brief description of the facts (what you requested, what has been communicated to you, what consequences the act has on you);
  • why you consider the act unlawful (and, where possible, the specific legal provisions you rely on);
  • what you request: revocation or modification of the act, issuance of a new act, recalculation of an amount, etc.;
  • your signature and proof of filing/dispatch.

For a more extensive guide on how abusive administrative acts can be annulled in Romania, see (in Romanian): „Anularea unui act administrativ abuziv în România: ghid complet despre cum poți să îți aperi drepturile în contencios administrativ”.

5. When you go to court: the action in administrative litigation against City Hall

If the prior complaint is not resolved in your favour or you receive no reply at all, the next step is to bring an action in administrative litigation before the competent court (usually the county tribunal – administrative and tax litigation section).

5.1. Time limit for bringing the action

Law no. 554/2004 generally provides a 6-month deadline for bringing the action in court, calculated from the date of the reply to the prior complaint or, as the case may be, from the expiry of the time limit by which City Hall was obliged to reply. There are also special situations (for example, for normative acts or certain categories of injured persons), but the 6-month rule is the main benchmark. For the exact text (Romanian), see art. 11 din Legea nr. 554/2004.

5.2. What can you ask the court to do?

In an administrative-litigation action, you can primarily request:

  • total or partial annulment of the administrative act;
  • obliging City Hall to issue an act (for example, to grant a certificate, an authorisation, or to solve an application);
  • compensation for damages (material and, in some situations, moral) caused by the unlawful act;
  • recognition of a right or legitimate interest that has been refused.

All this is formulated precisely in the “petit” of the action, based on a detailed legal and factual analysis. At this stage, assistance from a lawyer specialised in administrative litigation is usually decisive.

6. Special situations: tax decisions and fines applied by City Hall

Not every unlawful “paper” from City Hall is challenged under Law no. 554/2004. For two important categories – tax acts and contravention reports – there are special rules.

6.1. Tax acts (tax assessment decisions, payment summons, etc.) – tax contestation

In the case of tax assessment decisions and other tax acts issued by local tax authorities, the Tax Procedure Code provides for a specific remedy: an administrative tax contestation, which is generally lodged within 45 days from the date of communication of the act. See, in Romanian, Legea nr. 207/2015 privind Codul de procedură fiscală.

Some essential features:

  • the contestation is lodged with the competent tax authority (usually the local tax department or the hierarchically superior body, depending on the law);
  • it is submitted in writing and must be reasoned – both in fact and in law;
  • the decision on the contestation can itself be challenged afterwards in administrative-tax litigation before court.

6.2. Contravention reports – complaint to the district court

If the unlawful “paper” is a contravention report issued by the local police or another contravention body under City Hall, the remedy is a contravention complaint to the district court. OG no. 2/2001 sets a general 15-day deadline from the communication of the report for lodging such a complaint. The official text (Romanian) can be found here: OG nr. 2/2001 – art. 31.

The complaint is filed with the district court in whose territorial area the deed was committed (there are some exceptions depending on the special law), and the court can uphold, modify or annul the sanction. In such cases, evidence (witnesses, documents, photographs, plans, possibly video recordings) is just as important as legal arguments, and a pragmatic strategy is essential.

7. Can you stop the effects of an unlawful act? Suspension of the administrative act

Often the main problem is not only that the act is unlawful, but that it produces effects immediately: you are obliged to pay a large amount, a real estate project is blocked, a right is withdrawn, or you are threatened with enforcement.

In such situations, Law no. 554/2004 allows you to ask the court for suspension of the execution of the act, so that it will not be applied until the court rules on the merits of the case.

7.1. Two levels of suspension: before and after the main action

The law essentially distinguishes between two situations:

  • provisional suspension, based on a request filed after the authority has been seized by a prior complaint or within a short time from becoming aware of the act – governed by art. 14 of Law no. 554/2004;
  • suspension within the main action, governed by art. 15 of the same law.

In both situations you need to prove two key elements: a well-justified case (i.e. serious doubts regarding the lawfulness of the act) and imminent damage (a concrete and imminent risk of a loss that is difficult or impossible to repair later). The Romanian text of these provisions can be consulted here: art. 14 și art. 15 din Legea nr. 554/2004.

7.2. When does it practically make sense to seek suspension?

Although suspension is a very useful instrument, it should not be requested mechanically in every case. In practice, it is particularly worth considering when:

  • the act requires you to pay very large amounts that can be quickly enforced;
  • there is an order to stop an activity, withdraw an authorisation or halt an investment project;
  • the act creates an irreversible situation (for example, ordering the demolition of a building).

In such cases, discussing the option of suspension promptly with a lawyer is essential, because the procedure involves a separate application, specific evidence and, sometimes, very short deadlines.

8. What should you concretely do in the first 7–30 days after receiving an unlawful “paper” from City Hall?

In practice, how quickly and how correctly you react in the first weeks can make the difference between a situation that can still be repaired and one that is blocked for good. A minimal action plan can look like this:

8.1. Days 1–3: identify the act and gather all documents

  • keep the envelope and the original document (to be able to prove the date of communication);
  • note the key information: number and date of the act, issuing authority, subject of the decision and any term indicated in the text;
  • gather all relevant documents: previous applications, responses, authorisations, contracts, previous correspondence with City Hall.

8.2. Days 3–10: consult a lawyer and prepare a written step

  • schedule a discussion with a lawyer specialised in administrative and/or tax law, depending on the nature of the act;
  • together, determine whether a prior administrative complaint, a tax contestation, a contravention complaint or another type of step is appropriate;
  • prepare a draft complaint/contestation with clear arguments and explicit references to the relevant legal provisions.

8.3. Days 10–30: file the complaint/contestation and monitor the answer

  • file the documents via a channel that gives you proof (registration at the institution’s registry, registered post with acknowledgement of receipt, etc.);
  • monitor the response deadlines (for example, 30 days for petitions under OG no. 27/2002, the specific deadlines in Law no. 554/2004 or in the Tax Procedure Code);
  • prepare, together with your lawyer, for the scenario in which you will need to go further to court (administrative litigation, tax litigation, contravention proceedings).

9. When does it make sense to seek help from a lawyer?

Not every “paper” from City Hall requires a lawsuit. Sometimes it is just a minor clerical error, easily fixed; sometimes it is a perfectly legal act, but poorly explained. However, there are warning signs that you should probably speak to a lawyer:

  • the act has significant financial consequences (large sums, imminent enforcement, garnishments);
  • the act seriously affects your professional activity or your business (urban planning, permits, licences);
  • the act interferes with an essential right (e.g. property right, access to a building, social rights, etc.);
  • you have serious doubts about its legality, but the statutory provisions are technical and difficult to interpret;
  • there is already a background of correspondence, implicit refusals (“silence of the administration”) or purely formal replies.

The lawyer’s role is not only to draft a lawsuit or a complaint, but also to give you a realistic explanation of your chances, the risks involved in litigation and the procedural strategy best suited to your case. Sometimes, a well-drafted written clarification or a strongly reasoned prior complaint can solve the problem without ever going to court.

If you are in a situation where you have received an unlawful “paper” from City Hall and you need a case-specific analysis:

An initial discussion can help you decide whether it is worth pursuing the dispute with the public authority and in what form.

10. Frequently Asked Questions (FAQ) about unlawful “papers” from City Hall

Within what time limit can I challenge an unlawful decision issued by City Hall?

It depends on the nature of the act. Many individual administrative acts are subject to the rules of Law no. 554/2004 (a prior administrative complaint within roughly 30 days from communication, followed by an action in administrative litigation within a general term of 6 months). Tax acts are governed by the Tax Procedure Code (contestations usually within 45 days), whereas contravention reports follow OG no. 2/2001 (contravention complaint within 15 days).

Can I still do something if I missed the 30-day deadline for the prior administrative complaint?

It depends on the circumstances, the type of act, how it was communicated to you and any mistakes made by the authority (for example, failure to mention the legal remedy). There are situations in which the court may interpret the running of the deadline differently, but this needs to be assessed case-by-case with a lawyer.

City Hall did not reply to my application at all. Is that also an abuse?

Yes, lack of response (“silence of the administration”) can, under certain conditions, amount to an unjustified refusal and can be challenged in administrative litigation under Law no. 554/2004. It is very important that you can prove the filing of your application and that the legal time limit for reply has expired.

Do I have to pay the amount from the tax decision first and only then challenge it?

No. As a rule, you have the right to challenge the tax act without paying in advance. However, the act remains enforceable and the authority may start enforcement proceedings. In cases with a major financial impact, you should therefore also discuss possible suspension measures or other tax strategies, depending on your situation.

Is it worth challenging a small fine from the local police?

It depends on the context. In purely economic terms, the cost and effort may outweigh the benefit. From the perspective of principle and of your contravention record, however, it may sometimes be worth clarifying and, where appropriate, annulling an unlawful contravention report. The final decision should be taken after you understand the real chances and the costs involved.

Sources and useful resources

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