The paper reflects an analysis of a specific judicial procedure
– examining and solving the objection of illegality. This study is
based on the interpretation of legal norms of administrative litigation
that are applicable in the Republic of Moldova and in Romania,
being underlined the peculiarities of these norms and procedures in
each of the mentioned legal systems. We cannot talk about a national
judicial practice in examining the objection of illegality, being
possible to invoke different reasons. Nevertheless, this kind of
exceptional administrative litigation highlights the role of the
Judicial Authority not only in interpreting law and in law
enforcement, but also in creating law – without violating the
constitutional principle of separation of powers.
