The plea of illegality of the administrative act. Admissibility of invoking this plea in relation to similar administrative acts – administrative contracts

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Conceived as a means of defence against an administrative act, which benefits by definition from the presumption of legality and is therefore enforceable, the plea of illegality is inextricably linked to the notion of a typical, unilateral, individual administrative act. This conclusion is supported both by terminology, by the content of Article 4 paragraph 1 of Law 554/2004 and by the rationale for the institution of this procedural incident in view of the considerations of the Constitutional Court in Decision CCR 425/2008 and those of Decision 9/2021 of 7 June 2021 delivered by the High Court of Cassation and Justice in an appeal in the interest of the law.