THE DISTANCE AND THE OVERTURNED IMAGE. ON THE APPLICATION AND INTERPRETATION OF THE ROMANIAN ADMINISTRATIVE LAW’ PLEA OF ILLEGALITY THROUGH THE EU LAW’ PLEA OF ILLEGALITY
THE DISTANCE AND THE OVERTURNED IMAGE. ON THE APPLICATION AND INTERPRETATION OF THE ROMANIAN ADMINISTRATIVE LAW’ PLEA OF ILLEGALITY THROUGH THE EU LAW’ PLEA OF ILLEGALITY
Author(s): Tudor-Alexandru ChiuariuSubject(s): EU-Legislation
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: administrative law; plea of illegality; Article 277 TFUE; the Charter of Fundamental Rights of the European Union;
Summary/Abstract: The study herein analyzes a particular case of practical application of EU law by a Romanian court. In the case discussed, the national court declared inapplicable the provisions of the national law regarding the plea of illegality, following several lines of reasoning based on EU law, that are first identified and then critically assessed, resulting in a defective application of the law.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: X/2016
- Issue No: X
- Page Range: 58-63
- Page Count: 6
- Language: English
