Consideraţii interpretative asupra prevederilor art. 21 alin. (2) din Legea nr. 554/2004 a contenciosului administrativ
Interpretative considerations on the art. 21 para. (2) of Law no. 554/2004 on administrative contentious

Summary/Abstract: This article aims to analyze the juriprudence and the possible solutions in connection with the admissibility of the application for revision based upon decisions issued by the Court of Justice of the European Union (CJEU). In the absence of an unambiguous wording of the law we have taken this step to provide an answer on the interpretations that may be adressed to the provisions of Article 21 para. (2) of the Law No. 554/2004 on the administrative contentious, as subsequently amended and supplemented, as far as the application for revision is admissible based only on certain decisions of the CJEU that are subsequent to the decision which is subject to revision and in the absence of invoking any EU law regulations in the first proceedings or the application for revision is admissible only in the cases in which the decisions were already issued by the CJEU prior to the decision which is subject to revision and only if the relevant provisions of the EU law were invoked in the first proceedings. Furthermore, in the cases in which the application for revision is to be found admissible and because there are no relevant legal provisions on that matter, we intend to provide a clear and broad interpretation concerning the time-limit in which the application for revision shall be submitted based on the provisions of Article 21 para. (2) of Law No. 554/2004 on administrative contentious.

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