Disputes about the Resolution of the Exception of Illegality in the Appeal
Disputes about the Resolution of the Exception of Illegality in the Appeal
Author(s): Silviu-Gabriel Barbu, Cristina-Maria FlorescuSubject(s): Social Sciences, Sociology
Published by: Editura Universitatii Transilvania din Brasov
Keywords: administrative act; exception of illegality; appeal; the merits of the dispute;
Summary/Abstract: The exception of illegality is a procedural means of verifying thelegality of an administrative act. The settlement of the plea of illegality issubject to procedural conditions of admissibility. One of the conditions is thatan exception be invoked before the court that settles the substance of thedispute. A decision on interpretation was issued by the High Court ofCassation and Justice, considering that the exception can be invoked in theappeal. We consider that, even after the interpretative decision of the HighCourt of Cassation and Justice, elements of non-unitary judicial practice mayarise in particular as regards the conditions under which the exception maybe considered on the merits.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 13/2020
- Issue No: 2-Suppl
- Page Range: 21-26
- Page Count: 6
- Language: English