Administrative claim admissibility against Government Ordinance provisions prior to parliamentary ratification Law

The High Court of Cassation and Justice admitted the appeal in the interest of the law filed by the Court’s Board of Directors and established a uniform legal interpretation, ruling that administrative claims are admissible for the period between the entry into force of a Government Ordinance and the entry into force of the Law approving it, provided the approving Law incorporated the specific provisions challenged as unconstitutional. This decision resolved a procedural dispute regarding the admissibility of administrative actions based on Article 9 of Law No. 554/2004 on Administrative Litigation, specifically addressing the legal status of Government Ordinances that have been subsequently ratified by Parliament through a Law. The ruling clarifies that although the ratification Law supersedes the Ordinance for future periods, the administrative act remains subject to judicial review under the administrative litigation regime for the duration it was in force as a standalone executive act, establishing a binding precedent pursuant to Article 517(4) of the Civil Procedure Code.