The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

• Author: Gina Livioara Goga, Gabriel Gurita
• Pages: 341-349

Reforming Public Administration

341

The Control of the Legality of Administrative

Activity through the Court of Justice of the European Union

Goga Gina Livioara

1

, Guriţă Gabriel

2

1

Danubius University, Faculty of Administrative Sciences, ginagoga@univ-danubius.ro

2

Galati Bar, ginagoga@univ-danubius.ro

Abstract: Accordi ng to the law of the European Union, in case one of the institutions of the Union or an

organ, office or agency belonging to the Union refrains from making a decision, the member states and the

other institutions of the Union are entitled to make a notification to the Court of Justice of the European

Union. The Court has the competence to verify the lega lity of the legislative acts of the institutions , offices,

organs or agencies of the Union that are meant to produce judicial effects towards third parties and is

competent to pronounce itself, by preliminary decision r egarding the interpretation of the treaties, namely the

validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also,

according to the primary treaties, any legal issues related t o the non- fulfillment of the treaty’s provisions, non

compliance with the community legislation, not executing the decisions of the Court of Justice or non

compliance wi th the terms of an agreement between the EU and a third state, as well as the legal aspects

related to the application of penalties based on the r egulations of the EU, contractual and extra contractual

liability are subordinated to the control of the Unions’ judicial instance.

Keywords: European Union; contractual liability; administrative institutions

1. Action for Declaration of Failure to Act

The illegal action established due to the violation of the provisions of the Union can be performed by

omission. Thus, according to the Union’s law

1

in case none on the EU institutions (European

Parliament, European Council, European Commission or the Central European Bank)or an organ,

office or agency of the Union abstains from issuing a decision, the member states and the other

institutions of the Union have the right to seize the Court of Justice of the European Union, but only

after they have undergone the preliminary administrative procedure or the pre contentious procedure

as defined by the Court of Justice in the jurisprudence. Within two months, the solicitant has to

address to the Court of Justice. Also, any private or judicial person can seize the Court according to

the procedures mentioned above, for the omission caused by an institution, organ, office or agency of

the Union to address an act, other than a recommendation or a notice.

1

Article 265 in the Treaty on the European Union.