Claim for revision filed pursuant to Art. 21 para. (2) of Law 554/2004 – breach of the principle of priority of the community law, set forth by Art. 148 para. (2), in conjunction with Art. 20 para. (2) of the Constitution of Romanian.

DREPT ADMINISTRATIV

Abstract

The case of revision set forth by Art. 21 para. (2) of Law 554/2004 was created as an internal remedy meant to ensure the prevalence of the treaties of the European Union and the other mandatory community regulations, in the light of the principles and interpretations confirmed in the caselaw of the European Union jurisdictions, in order to accomplish the general obligation of the member states of the European Union pursuant to Art. 10 of the  Treaty establishing the European Community. The approach of the claimant in revision in support of its claim for revision – that the applicable community law is contrary to the domestic law allowing for the interpretation that a body of the local public authority, the County Council, can be a titleholder of rights and obligations in the management of European funds comes down to, absent a provisions of the community law holding for a specific organization in this field and a provision in the domestic law claiming the contrary of those in the European law, to invoking in fact a breach of the domestic law, therefore it may not ground a claim for revision in the special conditions of Art. 21 para. (2) of Law nr. 554/2004. The community law sets the obligation to reexamine the final rulings if a breach of the community law is confirmed, but absent said condition, the principle of res iudicata power is significant in the community law and in the legal order of the member state.