Notes on the review of resolutions in administrative courts Cover Image
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Observații cu privire la revizuirea hotărârilor în contenciosul administrativ
Notes on the review of resolutions in administrative courts

Author(s): Ion Deleanu, Gheorghe Buta
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: effective internal appeal; ECHR ruling;review.;

Summary/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, an irrevocable court decision is consistent with normative propositions incidents to that legal dispute. Often, this extraordinarymeans of attack 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 irrevocable judgments in violation of the principle of Community law priority, governed by Art. 148 para. (2), in conjunction with Art. 20 para. (2) of the Romanian Constitution, republished” as stated in Art. 21 para. (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 Review mechanism, as put into operation, focuses on controversial or debatable issues, some unpublished.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.

  • Issue Year: 2011
  • Issue No: 04
  • Page Range: 91-109
  • Page Count: 19
  • Language: Romanian
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