CONSIDERATIONS CONCERNING THE REVOCATION OF ADMINISTRATIVE ACTS WHICH ARE CONTRARY TO EUROPEAN UNION LAW
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
In the process of adopting administrative acts, public authorities are obliged to respect both the national provisions legally superior and European Union law with superior legal force and also the general principles of law, including those imposed by the constant practice of the Court of Justice of the European Union. Implementation and maintenance at the level of the Member States of inconsistent acts with EU law affect the obligation of community loyalty and ensure the full effectiveness of EU law which rests on their failure could result in an action of breaching community obligations. Revocation is the legal transaction that the issuer has withdrawn its own body act on its own initiative or pursuant to the provisions of the superior authority. The disappearance of the illegal administrative act of domestic law doesn’t necessarily involve restoring legality community as for this may be necessary the adoption of a new act. While acknowledging the procedural autonomy of the member states, the European Union law requires that national administrative rules concerning the acts revoking to respect two of its general principles - the principle of legal certainty and legitimate expectations principle, which can cause a number of complications, constraints on public administrations. The present contribution aims at examining the various influences on which the Union right performs towards this matter.
Authors and Affiliations
CONSTANŢA MĂTUŞESCU
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