MOTIVELE DE CASARE ÎN PROCEDURA CONTENCIOSULUI ADMINISTRATIV ROMÂN

10.00lei

The review is the only legal remedy that can be declared against the judgments of first instance pronounced by the administrative contentious sections. The former regulation of the Civil Procedure Code established that the review is devolutive, only inso far as the reviewed judgment cannot be contested by appeal. At present, being an extraordinary legal remedy, the review can only concern grounds of illegality of the judgment pronounced by the court of first instance. The present study has as object the analysis of the grounds for cassation listed by the Romanian legislator in Article 488 of the Civil Procedure Code from the perspective of the matter of administrative contentious. Thus, each ground for cassation will be briefly analyzed separately, from the perspective of applicability in the processual stage of review carried
on before the administrative contentious courts. The analysis contains explanations of the normative texts, as well as examples from the national judicial practice, in which the R omanian courts have applied the grounds for cassation corresponding to the cases brought before the court. The aim of the research is to identify in the national practice the applicability of the grounds for cassation listed by the legislator and to present their effectiveness, following that, in the concluding part of the study, possible remedies regarding the currently existing grounds for cassation be proposed.

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