THE EXCEPTION OF ILLEGALITY IN CONTENTIOUS-ADMINISTRATIVE
THE EXCEPTION OF ILLEGALITY IN CONTENTIOUS-ADMINISTRATIVE

Summary/Abstract: By way of exception of illegality the party of a dispute is entitled to invoke the irregularity of an administrative act. Therefore, this study shall present the regulation of the exception of illegality, respectively the provisions of the Law no. 554/2004 of the contentious-administrative, showing through the doctrine and the jurisprudence the possible weaknesses of the current normative regulations. There will also be discussed case studies from the recent practice of the High Court of Cassation and Justice concerning the exception of illegality. Last but not least, our conclusions will focus on the highlighting of several critical observations on the current state of the subject proposed, our approach considering in this purpose the warnings that come from the practice of the courts.

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