The Influence of the Jurisprudence of the Court of Justice of the European Union on Romanian Administrative Litigation
The Influence of the Jurisprudence of the Court of Justice of the European Union on Romanian Administrative Litigation

Author(s): Mihai Ștefănoaia
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Court case, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: fundamental rights protection; paradigm shift in administrative law; rule of law; legal certainty; national law;
Summary/Abstract: The influence of the jurisprudence of the Court of Justice of the European Union (CJEU) on Romanian administrative litigation has intensified following Romania’s integration into the European Union and the assumption of the obligation to apply European law directly and with priority. National courts, including those specialized in administrative litigation, are now required to ensure that administrative acts comply with the rules and principles of EU law, including the interpretations provided by the CJEU. This phenomenon has led to a paradigm shift, in the sense that the legality of an administrative act is no longer assessed solely in relation to national legislation, but also through the lens of European regulations and case law. Landmark decisions of the CJEU — such as those concerning the principle of effective protection of rights conferred by EU law, the proportionality of administrative sanctions, or the guarantee of the right to an effective remedy — have been invoked and applied by Romanian courts. Additionally, the preliminary ruling mechanism has become an essential tool for clarifying the application of European norms in administrative litigation cases. In conclusion, the jurisprudence of the CJEU actively contributes to the harmonization of standards of legality and judicial protection in the relationship between citizens and public administration, strengthening the role of national courts as guardians of European law.

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