Few considerations upon the control of legality and validity exercised by the legal administrative courts, noticed with actions canceling an administrate act Cover Image

Câteva consideraţii asupra controlului de legalitate şi temeinicie exercitat de către instanţele de contencios administrativ, sesizate cu acţiuni în anularea unui act administrativ
Few considerations upon the control of legality and validity exercised by the legal administrative courts, noticed with actions canceling an administrate act

Author(s): Mihaela Iliescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic

Summary/Abstract: By prospecting the legal practice, it was disclosed that some legal administrative judges consider that, being appointed with actions in the total or partial cancellation of the administrative acts, they could exercise only the control of legality upon those acts, without having the legal possibility to make appreciations upon the opportunity or validity of the attacked administrative act. Other judges consider that, on the contrary, together with the control of the legality of the administrative act, they could also make appreciations upon its opportunity, its validity. I appreciate that this last point of view is the letter and the spirit of the legal administrative law, Law no. 554/2004, for the arguments I shall expose further on.

  • Issue Year: 2007
  • Issue No: 4
  • Page Range: 228-234
  • Page Count: 7
  • Language: Romanian
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