The Review of Decisions Issued by the Administrative Court, as per Art. 21 Paragraph (2) in Law no. 554/2004. Admissibility Conditions

Author:Angelica Rosu, Petrina Simona Gavrila
Pages:97-102
 
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The Review of Decisions
Paragraph (2) in
Roş
1
Danubius” University o
2
“Dunărea de Jos” Universit
Abstract
: By this paper, using
conditions for the review claim b
side, we considered as necessar
Court decisions for solving the
we approached this subject con
point of view, we appreciated tha
required, the same being included
the respective for mula can be ta
(1) in Law no. 554/2004 in case
provisions.
By this paper we sh
deficiencies to be found in the m
Keywords: decision; EU law;
1. Introduction
The circumstance that m
any of
European Union, and the last tw
established obligations, leads to th
This
complex process develops o
In this context, it is uncontestab
administrative and jurisdictiona
undertaken.
Responding to the above exigenc
obligations undertaken by the EU
of a national remedy in case of b
administrative matters.
ns Issued by the Administrative Court
in Law no. 554/2004. Admissibility Con
oşu A
ngelica¹, Gavrilă Petrina Simona²
ty of Galaţi, the Faculty of Law,
roşuangelica@univ
rsity of Galaţi, the Faculty of Judicial, Social and Po
gavrilasimonapetrina@yahoo.com
g the observation method, we proposed an identification of
based on the provisions of art. 21 paragraph (1) in Law no. 5
sary t o elaborate this study as a consequence of the Romani
e unconstitutionality pleas regarding this law provision, and
onside
ring the interpretable nature o f the respective provisio
that a clarifying of “EU law preference principle breaching” f
ded in the provision mentioned above. Specif
ically, we tried to
taken as basis for a review claim based on the provisions of
ase a fundamental human rights breach is invoked, referring
sh owed the deficiencies of th e enactment as it is in force (a
modification proposal).
preference
; fundamental rights
of the European states are members of the Europ
t two are signatories of international commitment
o the objective necessity of European integration.
s on both norm and jurisdictional levels.
table that member states of the European Union
nal capacities to comply with the norms issued
ncy which implies the Romanian state responsibili
EU accession Treaty, the domestic legislator assum
f breaching
the EU law preference principle when
Legal Sciences
97
rt, as per Art. 21
onditions
niv
-danubius.ro
Political Sciences,
of th e admis
sibility
o. 554/2004.
On one
anian Constitutional
nd on the other side
ision. From another
” formula content is
to find out whether
of art. 21 paragraph
ng to Lisbon Treaty
(also signaling the
ropean Council or the
ents stipulating strictly
n (EU) must use their
ued and commitments
ility in case of eluding
sumed the introduction
en solving a case in the

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