Anulare pe cale judiciară a deciziei de excludere din partid. Efectele cu privire la ordinul prefectului prin care se constată încetarea de drept a mandatului consilierului local. Restabilirea situaţiei anterioare

Judicial annulment of the decision of exclusion from the party. Effects of the prefect’s order of legal termination of the mandate of the local counselor. Reinstatement of the previous situation

Abstract

According to the theory of annulment of the administrative act, the validity of an act refers to grounds for annulment which are prior or concomitant to the issuance of the act. In the present case, as the first court ruled too, the prefect’s order challenged with an objection of unlawfulness was issued based on letter 162/16 November 2017, whereby Party A submitted to the prefect the request to confirm the legal cessation of claimant’s mandate of local counselor and declare the position vacant further to his exclusion from the Party and the report of the Service for the control...