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 admissibilityconditions for the review claim based on the provisions of art. 21 paragraph (1) in Law no. 554/2004. On oneside, we considered as necessary to elaborate this study as a consequence of the Romanian ConstitutionalCourt decisions for solving the unconstitutionality pleas regarding this law provision, and on the other sidewe approached this subject considering the interpretable nature of the respective provision. From anotherpoint of view, we appreciated that a clarifying of “EU law preference principle breaching” formula content isrequired, the same being included in the provision mentioned above. Specifically, we tried to find out whetherthe 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 Treatyprovisions. By this paper we showed the deficiencies of the enactment as it is in force (also signaling thedeficiencies to be found in the modification proposal).