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HCCJ. Legality control vs. clarity control

The High Court of Cassation and Justice ruled that the administrative courts have the competence to annul a administrative normative act if it was adopted with breach of the law or another normative act with superior legal force on the basis of which it was initially decreed. In this particular case, however, the legality of the administrative act was not argued by referring to the act of ignoring or of wrongly transposing the norm of superior legal force in its content, but in reference to its clarity deficiency. The High Court stated that the potential lack of coherence and eloquence of the law cannot be submitted to the control of the administrative courts, but to that of the Constitutional Court. (Decision no. 6039 of the 5th of July, 2013, rendered in second appeal by the Administrative and fiscal Section of the High Court of Cassation and Justice, seeking annulment of the Ministry of Health’s directive)

:: The source: JURIDICE.ro

Andreea BANU

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