14. Act administrativ inexistent. Lipsa efectelor
14. Nonexistent administrative provision. Lack of effects

Summary/Abstract: In case of existence of an excess of power according to art. (2) letter n) of Law no. 554/2004 the requirement of executing the administrative provision is not justified, considering that in this case we are in the presence of nonexistent administrative provisions. The nonexistent administrative provisions, far from enjoying the presumption of legality, are tainted with so visible defects that no one can consider them compulsory legal documents not even a moment. In case of nonexistent administrative documents, the legality presumption does not operate anymore, and the breach of law is so obvious that anyone can notice it.

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