Procedural issues regarding the challenge against an administrative deed

The possibility to challenge an administrative deed is subject to a recent decision no. 36/2016 of the High Court of Cassation and Justice published in the Official Gazette no. 104/2017.

The decision provides that the objection to the illegality of an individually administrative deed may be invoked directly in the second appeal court (recourse).

The individual administrative deed is issued by a public authority and is addressed to a certain person.

Administrative deeds may be challenged by the interested persons either directly following a preliminary procedure with certain deadlines, or by way of an illegality objection during a trial.

Although the law provides that the illegality objection may be invoked any time during a trial some courts stated that the illegality objection, in such a case, could not be invoked in front of superior courts, but only in front of the first court.

The decision of the High Court clarifies this procedural issue by indicating that the objection of illegality for this type of administrative deed may be invoked also in front of superior courts, in the second appeal.

Stratulat Albulescu - Attorneys at law