ON THE ADMINISTRATIVE COURTS AND ADJUDICATION OF ADMINISTRATIVE DISPUTES   |   49/2012

Article 40: Final decisions

1. In its final decision of acceptance of the lawsuit, wholly or in part, the court decides:

a) The repeal of the administrative act wholly or in part;

b) The amendment of the administrative act wholly or in part or the obligation of the public organ to amend an administrative act;

c) The finding of absolute invalidity of the administrative act;

ç) The obligation of the public organ to perform an administrative action that has been refused or as to which the public organ has been silent although it has had a request;

d) The finding of illegality of an administrative action that no longer produced legal consequences, if the plaintiff has a reasonable interest for this;

dh) The making precise of the rights and obligations between plaintiff and the public organ;

e) The obligation of the public organ to perform or to prohibit the performance of another administrative action necessary for the protection of the rights or interests of the plaintiff;

ë) The determination of the organ that is competent to resolve the concrete case, also ordering, as the case may be, the repeal of an act issued by the non-competent organ;

f) The compensation of extra-contractual damage, according to a separate law;

g) The resolution of labour disputes, when the employer is an organ of the public administration.

2. By a final decision of acceptance of the lawsuit, wholly or in part, the court also decides the measure of securing the lawsuit to be legitimated.

3. The court decides to refuse a lawsuit when it considers that the administrative action is lawful and grounded.

4. The court also decides to refuse a lawsuit when it judges that notwithstanding procedural violations found in the administrative activity, the consequences would have been the same.

5. By final decision refusing the lawsuit, the court also decides the lifting of the measure of securing of the lawsuit, which is applied when the decision becomes final.

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