Notes on the Review of Judgments in Administrative Litigation Courts

Ion Deleanu

Abstract

Review of judgments in civil proceedings is, together with the appeal for  annulment, the chance for a final procedural possibility for a “remedy” legal solution so that, ultimately, a binding court decision is consistent with normative propositions incident to that legal dispute. Often, this extraordinary remedy is not, as commonly, a “reverential” one anymore, but is “aggressive”, based upon the urgent requirement of retrial as a consequence of “passing final and binding judgments in violation of the principle of supremacy of EU law, governed by Article 148 par. (2), in conjunction with Article 20 par. (2) of the Romanian Constitution, republished” as stated in Article 21 par. (2) of the Administrative Litigation Law no. 554/2004. Review mechanism, as put into operation, focuses on controversial or debatable issues, some unpublished. In this study, the authors note to identify and comment on some of the aforementioned.

 

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