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It is possible to verify the legality of a repealed administrative act?

The High Court of Justice and Cassation decided that the principle of the force and hierarchy of the normative documents, outlined by the Article 1 paragraph 5 from the Romanian Constitution imposes that the administrative court invested with the power to solve the illegality exception to verify the concordance of the administrative document under analysis with the normative documents with a superior judicial force due to that it was created. Ascertaining whether the administrative act with respect to subsequent legislation issued the administrative act is a matter of applying administrative act, the court seized of a dispute that administrative born of application must verify that the administrative act is in force and whether or not the amended / repealed expressly or implicitly. In this case, it was alleged unlawful provisions of art. 3 of Methodological Norms for applying Law no. 315/2006 approved by H.G. no. 453/2007, in relation to the provisions of Law no. 315/2006 on stimulating the purchase of books and educational programs on electronic media for improving teaching in higher education, and the judge rejected the plea of illegality fund as unfounded on the grounds that refers to a law repealed. The High Court held that such a solution is wrong because the court had to consider the substantive legal terms of art. 3 of methodological rules, related to Law no. 315/2006, in force on the date of issuance of the administrative showed, for the period during which it produced legal effects, so until repealed Law no. 315/2006. For these reasons, noting that the first court improperly failed to consider the plea of illegality fund, although formally dismissed the objection as unfounded, the High Court allowed the appeal and quashed the contested judgment referred back to the same court to review the merits of exception. (Decision no. 1333 from 13 of March 2012  pronounced in appeal by the Administrative and Fiscal Department of the High Court of Justice and Cassation having as object solving of the illegality exception )

>> The source: JURIDICE.ro

Daniela GHICAJANU

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