Natura juridică a actului de excludere din partid. Competenţa instanţei de contencios administrativ de a se pronunţa şi asupra legalităţii hotărârii de excludere din partid - formulată ca apărare de fond

The legal nature of the act of exclusion from the party. Jurisdiction of the administrative court to rule on the legality of the decision to exclude from the party - formulated as a defense on the merits

Abstract

The legal nature of the decision to exclude from the party is civil because political parties - although persons of public law - are not public authorities according to the provisions of Art. 2 para. (1) letter b of Law no. 554/2004, and the decision to exclude from the party is not an act issued in public power.

The administrative court vested with judging the main claim for establishing the legal status, respectively the term of office of the local councilor, is not competent to rule on the legality of the act of exclusion from the party invoked as a defense on the merits -...