Întrunește dreptul Uniunii Europene criteriile unei noi tipologii juridice?
Does the law of the European Union meets the criteria of a new legal typology?
Author(s): Nicolae PopaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: law of the European Union; legal typologies; law sociology; economic factors; ationalization;
Summary/Abstract: The Maastricht Treaty shaped the bases of a new Europe, which represents more than a homogenous economic space. The philosophy, which moderated the deals of Maastricht, planned to bring together the three major typical issues of the State sovereignty at a unitary and supranational level –currency, internal security and justice, foreign policy and defence. The traditional policies already falling within the jurisdiction of the Community (such as agriculture, competition) are supplemented with other policies – health, environment, social policy, transports, education, and culture. Hence, the states making up the European Community decide to progressively waive the national dimension in those more sensitive sectors, such as foreign policy and security. In such a situation, the legal arrangement may be a source for generating a new legal typology, which corresponds to those typological criteria formulated in law theory and sociology. This is a matter of essence and a content specific to the new typology, of new principle of law, of innovative sources. The structure of the new typology could sometimes be compared either to a federal order, or to a confederal order. Finally, the reference to the classical types of social and State organization is less important, as the new structure has affirmed its specific hints which, to a certain extent, exceed the classical models, as the European Union combines the supranational and national level in a specific dialectic, within an order with qualitative determinants which shall remain specific to it.
Journal: Revista de Drept Public
- Issue Year: 2016
- Issue No: 03
- Page Range: 17-23
- Page Count: 7
- Language: Romanian
- Content File-PDF