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.