Fonduri europene. Principiul aplicării directe a dreptului UE. Principiul neretroactivității legii
European funds. The principle of direct application of EU law. The principle of non-retroactivity of the law

Summary/Abstract: The High Court, taking into account all the relevant circumstances of the dispute, finds that the allegeddeviation was committed under the rule of national law - GO no.79 / 2003, and between the national law and theEuropean law there is a contradiction regarding the definition of the irregularity and the following measure. to betaken, which was remedied with the issue of GEO no. 66/2011.In this situation, the national judge has the obligation to apply the European regulation directly and is notobliged to wait for a possible modification / repeal of the contrary national norm.In this regard, the High Court finds that, in this case, the judge of the fund wrongly did not directly applythe European law according to which, at the time of the infringement, the damage may be certain or possible, andthe administrative measure consists in applying a financial correction.Therefore, the decision of the Constitutional Court is obligatory for the national courts, in conjunctionwith the European norms and the relevant CJEU jurisprudence, and it should be noted that the principle of nonretroactivityof the law is affected insofar as subsequent substantive law rules that were not in force at the timeof the enforcement deviations regarding the very existence of the imputed act.

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