Art. 23 şi teoria validităţii juridice: cum se suprapun timpul şi nelegalitatea?
Article 23 and the Theory of Legal Validity: How Do Time and Illegality Intersect?

Summary/Abstract: This article examines the legal effects of the annulment of normative administrative acts, in light of Article 23 of Law no. 554/2004 and the theory of legal validity in administrative law. Building on the distinction between validity, legality, and legal effectiveness, the study highlights the apparent validity of unlawful administrative acts, which continue to produce legal effects under the presumption of legality until their annulment. The paper argues that Article 23 does not limit the retroactive effect of annulment, but rather concerns the normative force of the judicial decision, preventing it from operating as a retroactive source of law with general application. Consequently, the effects of an unlawful act cannot be regarded as legally valid, and any obligations or payments based on such acts lack a legitimate legal basis. The analysis is further developed through a case study involving the introduction and subsequent annulment of a local tax, revealing the limits of existing legal remedies, particularly the suspension of administrative acts and individual judicial actions. The study concludes that, in the absence of effective preventive and compensatory mechanisms, judicial review of legality risks remaining incomplete, allowing the effects of unlawful administrative acts to persist.

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