O POVESTE ÎNCÂLCITĂ DESPRE O PRACTICĂ JUDICIARĂ ERONATĂ ŞI RĂZGÂNDELI ULTERIOARE – DECIZIA ÎCCJ (RIL) NR. 9/2021 CU PRIVIRE LA OBIECTUL EXCEPŢIEI DE NELEGALITATE A ACTELOR ADMINISTRATIVE
A TANGLED STORY ABOUT AN ERRONEOUS JUDICIAL PRACTICE AND SUBSEQUENT CHANGES – THE DECISION OF THE HIGH COURT OF CASSATION AND JUSTICE (RIL) NO. 9/2021 ON THE OBJECT OF THE EXCEPTION OF ILLEGALITY OF ADMINISTRATIVE ACTS

Summary/Abstract: The exception of illegality having as object the individual administrative acts is regulated by art. 4 of the Law on administrative litigation no. 554/2004. Starting from the legal provision that stipulates that the exception can be raised "at any time", a controversy has been created regarding its use also for the acts issued prior to the entry into force of Law no. 554/2004 (January 2005). From the very beginning, the High Court of Cassation and Justice - Administrative and Fiscal Litigation Section was reluctant to admit such a possibility, and the judges of the section adopted between 2006 and 2009 solutions in the sense of inadmissibility, based on arguments such as non-compliance with the principle of legal certainty and stability, the right to a fair trial protected by art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms or the case law of the Luxembourg Court of Justice. This interpretation was not accepted by all the courts in the country, which generated a non-unitary practice that led, in the end, to the notification of the HCCJ with a request for appeal in the interest of the law, solved by Decision no. 9 of June 7, 2021. The rendered solution is contrary to the one previously promoted by the supreme court and is mandatory, from the date of publication, for all courts.

• Details
• Contents