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

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;

pr

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