ABOUT THE PLEA OF ILLEGALITY IN THE ADMINISTRATIVE CONTENTIOUS. ELEMENTS OF THEORY AND JUDICIAL PRACTICE
ABOUT THE PLEA OF ILLEGALITY IN THE ADMINISTRATIVE CONTENTIOUS. ELEMENTS OF THEORY AND JUDICIAL PRACTICE

Summary/Abstract: The plea of illegality, as a means to defence in proceedings before the common courts, was regulated for the first time in the Romanian legislation through art. 4 of the Law no.554/2004 on the administrative contentious, as subsequently amended and supplemented, an initiative of the late Professor Antonie Iorgovan. Taken from the French law, it has undergone a continuous doctrinal and jurisprudential development, the last major change in the matter being represented by the provisions of Law no. 76/2012 for the implementation of the Law no.134/2010 on the Civil Procedure Code, as subsequently amended and supplemented. The present study does not propose an exhaustive presentation of the plea of illegality, but only a succinct analysis, especially with regard to elements of the practice of the courts.

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