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Invoking The Plea Of Illegality Directly During The Appeal. Decision No. 36/2016 By The High Court Of Cassation And Justice

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  • Codruta-Stefania Jucan

Abstract

This paper aims to analyze the possible problematic situations that may arise as a result of certain orders whose goal is to unify judicial practice and jurisprudence, and those are the orders given by the High Court of Cassation and Justice. Here we speak of a concrete situation, which has to do with the possibility of invoking, during any kind of litigation, the plea of illegality of an administrative document, a plea that is regulated exclusively by art. 4, Law 554/2004. Of course, the celerity of the act of justice and the unification of judicial practice are important, but the supreme court has left unanswered a series of questions and issues, which may, in certain situations, lead to the infringement of the material or procedural rights of the participants in the lawsuit.

Suggested Citation

  • Codruta-Stefania Jucan, 2018. "Invoking The Plea Of Illegality Directly During The Appeal. Decision No. 36/2016 By The High Court Of Cassation And Justice," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 12(2), pages 137-150, October.
    • Handle: RePEc:dcu:journl:v:12:y:2018:i:2:p:137-150
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    More about this item

    Keywords

    plea of illegality; contentious administrative matters; procedural law; Law 554/2004; Decision no. 36/2016 HCCJ;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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