Incoerențe în actul de legiferare: cazul de revizuire prevăzut de art. 21 din Legea nr. 554/2004
Inconsistencies in the deed of regulation: the case of revision provided for by art. 21 of Law no. 554/2004

Summary/Abstract: The article aims to analyze, in a critical vision, the normative history of article 21 of Law 554/2004 on administrative contentious, which enshrines one of the special reasons of review on administrative contentious, respectively the situation in which is violated the constitutional principle of EU law preemption on national law. The text in question was the initial subject of a repeal, which was later declared partially unconstitutional by the Constitutional Court, without Parliament to reconcile the article in question in accordance with the Decision of the Constitutional Court, as required by art. 147 of the Constitution. This suggests, on the one hand, an inconsistency in the legislative act, which contravenes to the the principle of stability of the legal order, and on the other hand creates problems in terms of practical implementation. In this way, it is affected fundamental right under Art. 52 of the Constitution and the administrative contentious institution as a whole.

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