An Administrative Law Approach of Cybersecurity Rules: The Case of Romania in the Context of EU and International Law

Abstract

Considering insufficient legal research, from the perspective of administrative law, of current cybersecurity regulations, the overall purpose of the paper is an administrative law approach of cybersecurity regulations, with emphasis on the Romanian case in the context of European Union and international law. The research hypotheses of the interface between administrative law and the cybersecurity rules cover three dimensions: the regulation of cybersecurity institutional capacity, the regulation of administrative decision-making and, respectively, administrative and judicial remedies. Analytical and comparative methods are used, with the role of case law. In international law, the conclusions of the study highlight the rules established by international agreements. In EU law, the NIS 2 Directive establishes public administration entities of central government of the Member State as “essential entities”, a set of administrative decision-making regulations and, respectively, administrative and judicial remedies. In Romania, the internal legal framework has been harmonized with EU law. The Law No. 58/2023 establishes responsibilities of public authorities and bodies which are “competent authorities” in this field. There are two categories of administrative acts in the administrative decision-making procedure established by this law, which can be appealed in administrative contentious.