PRACTICAL CONSIDERATIONS ON THE ADMISSIBILITY OF THE PLEA OF ILLEGALITY IN ADMINISTRATIVE LITIGATION

Anamaria Groza ()
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Anamaria Groza: Faculty of Law, University of Craiova, Judge at the Craiova Court of Appeal, Romania

Perspectives of Law and Public Administration, 2022, vol. 11, issue 2, 287-293

Abstract: The plea of illegality allows the control of the legality and validity of individual administrative acts, without any time limit. At least, the literal and grammatical interpretation of article 4 of the Law on Administrative Litigation leads to such a conclusion. Unfortunately, the case law ãhas createdÓ several limitations on the use of this judicial review tool, and most of them do not have a solid legal basis. The protection of the res judicata principle, but also other situations that would circumvent the legal regime of the action for annulment, as well as the broad category of fiscal-administrative acts were considered grounds for the inadmissibility of the plea of illegality, administrative acts outside its scope respectively. What is worse is the fact that the limitations in question may constitute restrictions on the right of access to justice, more precisely to the procedural route of the plea of illegality. The study aims to analyze the legal basis of the cases of inadmissibility of the plea of illegality, created by case law and their compliance with the will of the legislature. The author's goal is to produce a paradigm shift with regard to this legal institution and to increase its degree of effectiveness. The research conducted is descriptive and explanatory, underpinned by relevant case law and doctrine.

Keywords: plea of illegality; administrative acts; judicial review of administrative acts; inadmissibility; imprescriptibility; res judicata. (search for similar items in EconPapers)
JEL-codes: K23 K41 (search for similar items in EconPapers)
Date: 2022
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