The plea of illegality – Illegality in Romanian law

Before addressing the competent administrative court, a court of law that deals with a plea of illegality, must observe if the plea of illegality concerns an administrative act, must acknowledge if the settlement on the merits is connected to this administrative act, must prepare an accurate and substantiated resolution notifying the administrative court in this respect and suspending the trial.
If the resolution is not substantiated, the court can reconsider the case and request explanatory notes because it must deliver a sentence with respect to this plea of illegality and because it can’t reject the notice as unsubstantiated.

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