Condiția conformității actului administrativ normativ cu legea. Truism sau instrument util practicii?
The condition of the conformity of the normative administrative act with the law. Truism or a useful tool for judicial practice?

Summary/Abstract: Compared to the general, axiomatic character of the condition of validity regarding the conformity of the administrative act with the law, the article aims to identify and highlight a theoretical structure of this condition, but one which should be reflected in practice. The study begins with a presentation of the main ways of systematizing the conditions of validity of the administrative act in the national doctrine. Subsequently, to create a contrast with the approach of our doctrine, the article presentes, briefly, the vision of the French literature on cases of appeal for excess of power. Finally, using the available theoretical evidence, but, perhaps more importantly, the national jurisprudence of the last decade, the study substantiates each element of the structure of the condition of conformity of the normative administrative act with the law, namely: direct violation of law, indirect violation of the law, error of law and error of fact.

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