Contribuţii ale jurisprudenţei instanţei supreme la cristalizarea unor noţiuni şi dispoziţii din dreptul administrativ
Contributions of the High Court of Cassation and Justice’ Case Law to clarification of some concepts and provisions in Administrative Law

Summary/Abstract: Administrative Courts, especially the High Court of Cassation and Justice, have created and consolidated, by the delivery of their judgments, a rich case law on many complicated issues of administrative law, employing definitions, concepts, and ideas of the doctrine. Moreover, the latter court appealed to case law, in order to use it as a practical argument, in support of its theoretical allegations. Firstly, dealing with the particular case in which the question arose as to stating the reasons on the administrative act, the Supreme Court asserted that it must include the legal basis of fact and law which led to its promulgation; besides, the lack of stating the reasons triggers the nullity or invalidity of the administrative act. Secondly, through a recent decision, no. 37/2015, the High Court established that a document containing both information of public interest and information on personal data should be accessible, under the provisions of Law no. 544/2001, assuming that the information relating to an identified or identifiable person is eliminated. However, denying access to information of public interest from such a document is unjustified. Thirdly, in accordance with the definitions and findings of the doctrine, the High Court has consistently delivered judgments in the sense that a legal notice is not an individual administrative act, because it has no legal effects; consequently, it can be neither directly challenged before the Administrative Court, nor through a preliminary plea of illegality, regulated by art. 4 of the Administrative Litigation Law no. 554/2004.

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