Revizuirea pentru încălcarea dreptului Uniunii Europene şi a hotărârilor CJUE în practica judiciară a instanţelor din România
01 01 2024
The article analyzes the way in which the Romanian courts apply, in judicial practice, the revision procedure provided by art. 21 of the Administrative Litigation Law no. 554/2004. This special revision procedure can be used when a final judgment is given in breach of a provision of European Union law (‚EU law’) or a judgment of the Court of Justice of the European Union (‚CJEU’). The analysis is based on several relevant decisions of the High...
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Cereri de decizie preliminară recente ale instanţelor judecătoreşti din România privind statul de drept şi independenţa judecătorilor
01 01 2024
The dialogue between the national courts in Romania and the Court of Justice of the European Union has experienced an unimaginable development in the last five years, especially regarding the rule of law, the solutions of the CJUE being absolutely necessary to preserve the independence of judges and also inspiring judges from other Eastern European states. This article presents the three most recent requests for preliminary rulings from the Rom...
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Tradiţiile constituţionale comune
02 01 2023
The article presents the evolution and meaning of the concept of “constitutional traditions common to the Member States” in EU law. The Court of Justice of the European Union (“CJEU”) used this concept for the fi rst time in Internationale Handelsgesellschaft, in December 1970, by taking over a concept coined in 1949 for the Council of Europe. The author argues that on the whole there is only a limited added value to the concept of common cons...
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