Inadmisibilitatea excepției de nelegalitate în practica instanțelor judecătorești
The inadmissibility of the illegality exception in the practice of the courts

Summary/Abstract: Without proposing that the analysis detail the aspects of the court procedure or the adequacy of the solution chosen by the legislator to leave to the court or tribunal responsible for the substance of the dispute to examine the merits/non-validity of an administrative act (which may be a criminal court, a civil court, etc.), the authors consider that only a specialized administrative court can rule on a question of the legality of an administrative act, and that the legal rule must be taken as such and applied by the judge, so that any other comments cannot be found for their purpose, as long as the legal text is in force and applicable and is not declared unconstitutional. In the light of this, the paper only concerns aspects of the merits of the criticism of illegality brought to the administrative act, both theoretically and practically, with direct reference to court solutions.

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