Romanian Administrative Law: between national pragmatism and European values

Romanian administrative law has undergone transitory challenges after the EU accession (2007) : its relationship with EU law has been at times strained. This paper showcases this relationship by analysing two instances of so-called Europeanization: (1) the setting up of a court action (remedy) for the infringement of EU law ; (2) recent attempts to codify the administrative substantive law and procedural law. The codification of substantive administrative law was used as a venue for introducing controversial provisions, while the codification of administrative procedure, which is not politically charged, has been stalled. Overall, after a period of voluntarily embracing EU law principles and visionary court rulings, administrative law went back to being prone to national pragmatism when legislating. Consequently, administrative procedures were reined in by national specificities and legislative decision making diverted from European best practices.