Standing of issuing public authority to annul its own normative administrative act under Art. 1 para. 6 Law 554/2004

The High Court of Cassation and Justice, acting as the Plenary for Resolving Legal Questions, admitted the referral from the Court of Appeal of Constança and established a binding interpretation that the public authority issuing a unilateral normative administrative act is not entitled to request the court to annul that specific act. This decision resolves a dispute concerning the procedural standing and admissibility of an administrative annulment suit, specifically addressing whether the entity that created the norm can subsequently challenge its validity through the courts. The decisive legal basis is the interpretation of Article 1, paragraph (6) of Law No. 554/2004 on Administrative Litigation, which the court determined excludes the issuing authority from being a plaintiff in a case seeking the annulment of its own normative act, thereby precluding such litigation from the scope of administrative jurisdiction.