Equivalencia y efectividad en la revisión de los actos administrativos nacionales contrarios al derecho europeo

Abstract

Although member states implement EU Law in accordance to their procedural law, also in relation to the review of administrative decisions that are contrary to that Law, the European executive principles of equivalence and effectiveness condition the scope and even the application of the national regulation of review of administrative acts by the Administration itself or even by the Courts. In particular, Member States may be even forced to reopen a final decisions –in particular to take account of the interpretation of a relevant provision of European law which the Court has given subsequently– not only if they have te power to do so (Kühne) but also because of the gravity of the infringement of EU Law and requiring Administration to reopen final decisions precluding national legislation that makes no provision for regular review (Byankov).