Inadmissibility of the plea of illegality relating to preparatory acts and administrative contracts, in the light of the provisions of Article 4 (1) of Law No 554/2004

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Corroborating the provisions of para. 1 and para. 4 of Article 4 of Law No 554/2004, it follows that the object of the plea of illegality is only the administrative act of an individual nature, so that, when verifying the admissibility of such an objection, in terms of its subject matter, the court must determine whether the act whose illegality is sought to be established by way of incidental proceedings is administrative, unilateral and individual.

Unlike the previous legislative versions, the current form of Article 4 of Law No 554/2004 no longer expressly provides for the unilateral nature of the administrative act which may be subject to the exception of illegality, but such an omission by the legislature cannot be interpreted as meaning that a bilateral administrative act may also be subject to the exception of illegality, since Article 4 of Law No 554/2004 explicitly refers to the individual or normative nature of the administrative act and only unilateral administrative acts may be classified as acts of an individual or normative nature, not bilateral or multilateral acts.

In the case of the statements of necessity and negotiation minutes, the condition that they produce legal effects (give rise to, modify or extinguish legal relationships) is not met, as they are preparatory acts by which an administrative body presents its point of view on a situation, specifying various matters of fact or law and having an information role.