The legal nature of the act of exclusion from the party. Jurisdiction of the administrative court to rule on the legality of the decision to exclude from the party – formulated as a defense on the merits

DREPT ADMINISTRATIV

Abstract

The legal nature of the decision to exclude from the party is civil because political parties – although persons of public law – are not public authorities according to the provisions of Art. 2 para. (1) letter b of Law no. 554/2004, and the decision to exclude from the party is not an act issued in public power. The administrative court vested with judging the main claim for establishing the legal status, respectively the term of office of the local councilor, is not competent to rule on the legality of the act of exclusion from the party invoked as a defense on the merits – although it is related to solving the main claim – and the extension of competence set forth in the provisions of Art. 124 para. (1) of the Civil Procedure Code is not applicable.