INVOKING THE PLEA OF ILLEGALITY DIRECTLY DURING THE APPEAL. DECISION NO. 36/2016 BY THE HIGH COURT OF CASSATION AND JUSTICE
INVOKING THE PLEA OF ILLEGALITY DIRECTLY DURING THE APPEAL. DECISION NO. 36/2016 BY THE HIGH COURT OF CASSATION AND JUSTICE

Summary/Abstract: This paper aims to analyze the possible problematic situations that may arise as a result of certain orders whose goal is to unify judicial practice and jurisprudence, and those are the orders given by the High Court of Cassation and Justice. Here we speak of a concrete situation, which has to do with the possibility of invoking, during any kind of litigation, the plea of illegality of an administrative document, a plea that is regulated exclusively by art. 4, Law 554/2004. Of course, the celerity of the act of justice and the unification of judicial practice are important, but the supreme court has left unanswered a series of questions and issues, which may, in certain situations, lead to the infringement of the material or procedural rights of the participants in the lawsuit.

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