The Dynamics of a Procedural Norm from the Romanian Regulation intended to Ensure the Primacy of European Law

The Romanian Civil Procedure Code regulated the review as an extraordinary appeal, which can be submitted, as a rule, against a substantive solution, which must be reformed because it did not consider certain circumstances unknown at the time of the judgment, decisive for the opposite solution or, because new elements have appeared that reveal the incorrectness of the contested court decision. Among the review cases, the code did not also cover the hypothesis of the Court's violation of European law, such a case being foreseen on Romania's entry into the European Union in the administrative litigation law, which underwent a series of transformations over time, including the repeal, to currently represent a valuable basis for ensuring the correct application of the European norm. This study aims to identify the shortcomings of the national regulation, first of all, given that the legal regime of this revision, for the violation of European law, is somewhat uncertain, despite some clarifications brought by the Supreme Court in a binding decision, and is characterised by a short term, which may limit the adequate verification of the correct application of the supranational rule in the procedure in which the decision whose review is requested was pronounced. Research into the jurisprudence in this matter demonstrates that the courts analyse the case on its merits, strictly by reference to the interpretive jurisprudence existing at the time of the supranational Court, any subsequent solution not being able to be used for revising the judgment pronounced in violation of European law. Also, given the lack of regulation of this review case in common law or matters other than the above, it becomes obvious the impossibility of reforming a judgment pronounced in these cases in violation of European norms; the state is required to recognise other procedures for those interested in restoring the violated balance in legal relations that pertain to European law. Keywords: Civil procedure, application of European law, review of court decision, legal regime, jurisprudence, limitations, solutions