Plea of illegality having as object an addendum to an administrative contract. Inadmissibility

DREPTUL CONTENCIOSULUI ADMINISTRATIV ȘI FISCAL

Abstract

The provisions of art. 4 of Law no. 554/2004 regarding the plea of illegality show that the subject-matter of a plea of illegality is represented by an individual administrative act. Considering that the individual administrative acts represent a category of the unilateral administrative acts, it follows that the bilateral administrative acts, such as the administrative contracts, cannot form the subject-matter of a plea of illegality. In order to file this submission, it is relevant to classify the administrative acts depending on the criterion of the author of the manifestation of will which is expressed by the administrative act. Thus, according to this criterion, administrative acts are classified into unilateral administrative acts (those expressing the will of a single person) and bilateral administrative acts (those expressing the will of two persons), and the administrative contracts are included in this last category.