Excepţia de nelegalitate. Evoluţia legislativă şi reglementarea actuală
Plea of illegality. Legislative evolution and current regulation

Summary/Abstract: The rules regarding the possibility to invoke the exception of illegality of an administrative act were initially developed in the jurisprudence and doctrine. The exception of illegality was established in the Romanian legislative system by the Law no. 554/2004. Since then, the legal framework went through a lot of changes and the last revision of this procedure was adopted through the Law no. 76/2012. According to the provisions of this law, the exception of illegality can be invoked in any litigation only in regard to individual administrative acts, and it is solved by the court that is competent to rule in the main litigation. The result is the elimination of the specialized character of the indirect judicial control upon administrative acts which used to exist in both the direct control achieved by direct action, and the indirect control exercised by the exception of illegality. This article aims to analyse the judicial indirect control regarding the administrative acts taking into consideration the evolution of the legal framework adopted in this domain and also the developments established in the case-law and in the juridical doctrine.

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