About three administrative procedure rules from a human rights perspective

Abstract

"Single case decision-making is at the heart of national systems of public law, in Europe and elsewhere,’ states the Introduction on Book III of the ReNEUAL Model Rules dealing with this subject. Some countries have adopted legislation on administrative procedures, while others have considered general principles of law and jurisprudence as guiding milestones, even in a continental system of law. This approach may prove obsolete in times when private individuals are increasingly confronted with decisions of administrative bodies, not only at a national level but also at the European one.

Romania has not yet adopted a Code or Act of administrative procedure, although a project had been launched in 2007. The article observes the Romanian legal rules and jurisprudence regarding some sensitive points. The right to information of persons adversely affected by a decision regarding another person, the burden of proof, and the privilege against self-incrimination in investigative procedures, and the withdrawal/revocation of single-case decisions are discussed from a human rights perspective.

A comparison is made regarding such matters with administrative procedure rules in European countries, looking for convergence points and differences."