SOME REFLECTIONS ON THE REASON OF JUDICIAL REVIEW STIPULATED UNDER ART.21 PARA 2 IN THE CONTENTIOUS ADMINISTRATIVE LAW NO. 554/2004

Liviu Ungur

FIAT IUSTITIA, 2015, vol. 9, issue 2, 134-144

Abstract: After Romania’s accession to the European Union, the Romanian lawmaker attempted to implement efficient tools to concretly transpose the Priority Principle for the Application of European Law, for instance, into the national law. In this context, under Law nb. 262/2007 for amending the Contentious Administrative Law nb. 554/2004 a new review reason was introduced, a reason that is added to the review reasons provided by the Code of Civil Procedure. Because this legal text had sort of an unlucky drafting, being often criticized for being unconstitutional, it ended by being directly and totally abrogated, and, later on, on the same basis, be declared from the very beginning as partially unconstitutional, and then re-entered into force, the text still producing legal effects, through the first and third thesis in the initial drafting. The lawmaker was suggested that, while re-examining the text, to take into account the arguments provided by Decision nb.1.609 September 9 2010, regarding some shortcomings in drafting this legal norm.In the present paper, we intend to evaluate these legal provisions and review the main aspects which generated and still generate conflicts in enforcing and interpreting it, underlining, where necessary, our own approach.

Keywords: review; contentious administrative; European Union Law (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:9:y:2015:i:2:p:134-144

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