Fonduri structurale, achiziții publice, corecții financiare, Regulamentul (CE) nr. 2988/95, Regulamentul (CE) nr. 1083/2006. Principiile securității juridice și protecției încrederii legitime, aplicarea unei reglementări noi la efectele viitoare ale
Structural funds, public procurement, financial corrections, Regulation (EC) No 2988/95, Regulation (EC) No 1083/2006. The principles of legal certainty and protection of legitimate expectations, the application of new rules to the future effects of

Summary/Abstract: Following the admission of the exception to the unconstitutionality of art. 66 from O.U.G. no. 66/2011, the Constitutional Court concluded that the classification of the irregularity and the establishment of the budgetary receivables will be made according to the normative act in force at the date of the irregularity according to tempus regit actum principle, without being able to combine the substantive provisions of OG. no. 79/2003 with those of O.U.G. no. 66/2011, while the procedure followed by the control bodies shall be the one regulated by the normative act in force at the date of control. By its judgment in Joined Cases C-260/14 and C-261/14, the Court of Justice of the European Union has ruled: ”The principles of legal certainty and protection of legitimate expectations must be interpreted as not precluding a Member State from applying financial corrections governed by an internal legislative measure which entered into force after an alleged breach of the rules governing public contracts occurred, provided that it is a question of the application of new rules to the future effects of situations which arose under the earlier rules, which is a matter to be determined by the national court, taking into account all the relevant circumstances of the proceedings before it.” The judgment of the Court of Justice of the European Union is to be upheld by the Court of Appeal in this case, having regard in particular to the case-law of the CJEU and the provisions of Art. 148 par. (2) of the Constitution of Romania, but also the competence of the Constitutional Court within the framework of the internal constitutional control.

• Details
• Contents