Războiul Curților. Despre posibila neconstituționalitate a restrângerii posibilității de revizuire a hotărârilor judecătorești pronunțate cu încălcarea dreptului european
The Courts’ War. On the Possible Unconstitutionality of the Restriction to File for the Revision of Judicial Decisions Disregarding European Law

Summary/Abstract: For some three years now, there is a fierce debate in Romanian courts regarding the reason for revision of final court decisions enshrined in art. 21 of Law no. 554/2004. Designed in 2007, the special reason for a revision concerns possible decisions contrary to EU Law taken by national courts. Although this reason proved especially effective when it come to the matter of the never-ending cases concerning car registration taxes, therefore shaping a national case-law in accordance with art. 110 TFEU, in time judges become irritated by the number of revision requests filed. Decision no. 45/2016 of the High Court of Cassation and Justice tends to limit both the time and the cases where such a revision request might be successful, with the effect that virtually no revision has been proven successful in the last three years. The author debates on the merits and the role of the Constitutional Court, as a part of the war of courts, in ensuring the correct application of Constitutional provisions and, eventually, the correct application of EU Law at the national level.

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