THE HIGH COURT OF CASSATION AND JUSTICE DECIDED

that the reason of illegality referred to in Article 488 (1) point 4 of the Code of civil procedure (when the court has exceeded the attributions of the judicial power) means the incursion of judicial authority in the jurisdiction of the other powers of the state, legislative and executive, as they are delimited by the constitutional provisions or by organic laws, the court thus accomplishing acts which fall within the competence of other state organs belonging to other state authorities.

Decision no. 351 of 17 February 2016 pronounced by the High Court of Cassation and Justice