Disputes about the resolution of the exception of illegality in the appeal

Abstract

The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits.