文章基本信息

标题：SOME REFLECTIONS ON THE REASON OF JUDICIAL REVIEW STIPULATED UNDER ART.21 PARA 2 IN THE CONTENTIOUS ADMINISTRATIVE LAW NO. 554/2004
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作者：Liviu Ungur
期刊名称：Fiat Iustitia
印刷版ISSN：1224-4015
电子版ISSN：1224-4016
出版年度：2015
期号：2
页码：134-144
语种：English
出版社：ProUniversitaria
摘要：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.