14. Review of final decisions due to failure to complay with the EU Law

CONCLUSIONS OF THE OPINION: The force of the resolutions of the CJEU is analysed in order to proceed to the review of final judgements and administrative decisions. FIRST.- The Court of Justice of the European Union (ECJ) has had to rule in recent years on the strength of its own case law to force a review of national judgements that have become res judicata. SECOND.- European law does not, theoretically, require that erroneous administrative or judicial decisions be reviewed once they have become final. However, it is our understanding that, if the four conditions listed above are met, review is mandatory. THIRD.- It does not matter that the litigant did not invoke the applicable European Union law. What matters is that the court which heard the case at last instance did in fact examine the question of European Union law, or was able to do so of its own motion. FOURTH.- It is not necessary, in order to trigger the review that is imposed by European Union law, that the request for review be made immediately. It is sufficient to comply with the deadline set by national law. FIFTH.- The ECJ prefers that the way in which the law is enforced be through the means of challenge available under national law, provided that the system does not impose excessive constraints or burdens in order to assert the primacy of that law.