Europeanisation of Administrative Law in Romania: Current Developments in Jurisprudence and Legislation

Abstract

This comment concentrates on the issue of the Europeanisation of the national administrative law in the Member States of the European Union. It focuses on several developments that have taken place in the recent years in Romania in this field. The exception of illegality with regard to the judicial review of administrative acts is discussed in connection with the concept of voluntary adoption of the EC law principles into the national administrative law. The ruling of the Romanian Court of Cassation and Justice whose decisions have rendered ineffective a provision of the national law based on the broad principle of legal certainty; derived from the EC law, is being analyzed. The paper also analyses legislative attempts that fall within the same process of Europeanisation of national administrative law. The authors argue that the efforts aimed at Europeanisation being advanced by the courts and the legislature are commendable though not yet complete. The unity of treatment between national law and European law will benefit, in time, from such initiatives.