Act administrativ normativ vădit nelegal. Consecinţe

Clearly illegal regulatory administrative act. Consequences

Abstract

Regarding the circumstance that the court of first instance would not have considered the provisions of the Order no. 261/2016, which excluded from any communication the information requested by the defendant, the court notes that, indeed, according to the provisions of paragraph H of Appendix no. 3 to this order, the technical approvals issued by I.S.C. are exempted from communication, except for their holders, as well as the documents supporting the issuance of such approvals.

Without denying the nature of mandatory administrative act of the Order of the General Inspector of the State Inspectorate for Construction no. 261/2016, the Court notes that this is, however, an infra-legislative act, the provisions of which must comply with the legal provisions. Although, generally, the provisions of an administrative act of regulatory nature cannot be verified incidentally,...