EIRP Proceedings, Vol 6 (2011)
The Review of Decisions Issued by the Administrative Court, as per Art. 21 Paragraph (2) in Law no. 554/2004. Admissibility Conditions
Abstract
By this paper, using the observation method, we proposed an identification of the admissibility
conditions for the review claim based on the provisions of art. 21 paragraph (1) in Law no. 554/2004. On one
side, we considered as necessary to elaborate this study as a consequence of the Romanian Constitutional
Court decisions for solving the unconstitutionality pleas regarding this law provision, and on the other side
we approached this subject considering the interpretable nature of the respective provision. From another
point of view, we appreciated that a clarifying of “EU law preference principle breaching” formula content is
required, the same being included in the provision mentioned above. Specifically, we tried to find out whether
the respective formula can be taken as basis for a review claim based on the provisions of art. 21 paragraph
(1) in Law no. 554/2004 in case a fundamental human rights breach is invoked, referring to Lisbon Treaty
provisions. By this paper we showed the deficiencies of the enactment as it is in force (also signaling the
deficiencies to be found in the modification proposal).
conditions for the review claim based on the provisions of art. 21 paragraph (1) in Law no. 554/2004. On one
side, we considered as necessary to elaborate this study as a consequence of the Romanian Constitutional
Court decisions for solving the unconstitutionality pleas regarding this law provision, and on the other side
we approached this subject considering the interpretable nature of the respective provision. From another
point of view, we appreciated that a clarifying of “EU law preference principle breaching” formula content is
required, the same being included in the provision mentioned above. Specifically, we tried to find out whether
the respective formula can be taken as basis for a review claim based on the provisions of art. 21 paragraph
(1) in Law no. 554/2004 in case a fundamental human rights breach is invoked, referring to Lisbon Treaty
provisions. By this paper we showed the deficiencies of the enactment as it is in force (also signaling the
deficiencies to be found in the modification proposal).
References
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