The Impact of Rulings Relating to Questions of Law on Administrative Acts
The Impact of Rulings Relating to Questions of Law on Administrative Acts

Author(s): Anamaria Groza
Subject(s): Public Administration, Social development, Sociology of Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: normative pyramid; normative administrative act; preliminary ruling; caducity; nullity;
Summary/Abstract: To say of law that it is an evolving system is already a truism. The values of society change, and legal rules sooner or later align with the new directions of social development. Legal institutions interact and produce unexpected consequences at the time of their regulation. Such consequences affect the normative pyramid more or less widely, in relation to the level at which the transforming legal event took place. The normative pyramid is readjusting, and the validity of certain normative acts must be reassessed. Such an effect can be produced by the preliminary rulings on questions of law, pronounced by the High Court of Cassation and Justice. The following article presents an analysis of the validity of some normative administrative acts in the context of Decision no. 65/26.10.2020, pronounced by the HCCJ – The Panel for preliminary ruling on questions of law. Our research is descriptive and explanatory, and contains relevant case law. The purpose of the article is to analyze the solutions in case of a conflict between a preliminary ruling and an administrative act. The caducity of the administrative act can be one of them and it is especially entailed by the moment from which the preliminary rulings become binding erga-omnes.

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