Aspecte generate de procesul transpunerii directivelor UE în dreptul român
General issues generated by the transposition of the EU directives in the Romanian law

Summary/Abstract: The article considers certain aspects emerging during the process of transposition of the directives into the national legal order by appropriate legislative means. As part of EU secondary legislation, the directive needs to be implemented in the national law for implementation. The transposition of the directive does not mean taking over it, but a new regulation whereby the national legislature, within the framework of its discretion, can establish clear rules of conduct, in close connection with the transposed rules, and also with the national reference ones, i.e. correlating them with all existing regulations at that time at national level. The content of the directive in the national legislation must be the same as the transposed act, although the national legislator can put its own mark on regulation. In practice, there can be encountered situations in which the lack of clarity and precision were the reasons that led to the finding of unconstitutionality of the laws transposing the directives.

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