TITLE

Caracterul obligatoriu al deciziei preliminare pronunțate de Curtea de Justiție a Uniunii Europene pentru instanțe și autorități naționale

AUTHOR(S)
ȘANDRU, Daniel-Mihail
PUB. DATE
October 2019
SOURCE
Revista Româna de Drept European;2019, Issue 4, p45
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The binding nature of the judgments and orders of the Court of Justice of the European Union ('CJEU') is analysed in the light of the general effect of the judgment, both in the light of the case-law of the Court of Justice in Luxembourg and the Constitutional Court of Romania. The res judicata, the precedent at the level of the CJEU, as well as the possible retroactive effect are highlighted by relying on relevant case law. The effects of procedural autonomy in Romanian legislation and case law, along with two particular situations related to the review of the final administrative decision in order to take into account a later judgment of the CJEU and the final judicial decision and the possibility of reviewing it as being contrary to European Union law are also considered in the light of European case law.
ACCESSION #
141437628

 

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