The condition of the existence of a well-justified case for suspending the execution of the normative administrative act issued by the person appointed to the position pursuant to GEO no. 77/2018. The incidence in question of the CJEU Judgment ... Cover Image

Condiția existenței cazului bine justificat pentru suspendarea executării actului administrativ normativ emis de către persoana numită în funcție în temeiul OUG nr. 77/2018. Incidența în cauză a Hotărârii CJUE pronunțate în cauzele conexate ...
The condition of the existence of a well-justified case for suspending the execution of the normative administrative act issued by the person appointed to the position pursuant to GEO no. 77/2018. The incidence in question of the CJEU Judgment ...

Author(s): Ionela-Diana Patrasc-Balan
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Court case
Published by: Institutul National al Magistraturii
Keywords: C-195/19; C-291/19; C-355/19; C-397/19; GEO no. 77/2018;

Summary/Abstract: "Checking, concretely, this condition, the Court finds that, in the present case, the plaintiff invokes the fact that the Regulation on the organization and operation of the Judicial Inspection approved by the Chief Inspector's Order no. 134/11.12.2018 is signed/approved by a person who did not have the capacity required by law, that of chief inspector of the Judicial Inspection, legally appointed to the position, being issued in violation of the norms of functional competence, in relation to those established by the decision ##### Chambers of the Court of Justice of the European Union pronounced in related cases C-83/19. C-127/19. C-195/19. C-291/19. C-355/19 and C-397/19 on May 18, 2021. The Court finds that these issues invoked by the plaintiff in the summons request are not obvious nor do they have the capacity to cast doubt on the legality, with obviously, which the legislator is talking about, but they concern the substance of the challenged act, the well-justified case being superimposed, as an argument in fact and in law, by the introductory action even the grounds of illegality, which will be analyzed in the annulment action."

  • Issue Year: V/2021
  • Issue No: 4
  • Page Range: 95-113
  • Page Count: 19
  • Language: English, Romanian
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