Procedura hotărârii preliminare la CJUE și jurisprudenţa instanţelor române. Sinteză
The Preliminary Ruling Procedure at the CJEU and the Romanian Courts Jurisprudence. Synthesis

Summary/Abstract: Art. 267 TFEU (former art. 234 TEC), which regulates the preliminary ruling procedure, is one of the most interesting provisions of the Treaty. The preliminary ruling procedure was of a crucial importance in the birth and development of the communitary law because the jurisprudence created by teh CJEU by following this procedure underlained and would have constantly followed the main principles of the EU law, including the prevalence of the communitary law, the direct effect, subsidiarity, proportionality etc. Gradually, the rapports between the CJEU and the national courts – initially being horizontal and bilateral – became vertical and multilateral, these actually being considered as authorities which ensure the compliance and the application of the communitary law and also being an essential part of the judicial hierarchy of the entire Community, having the ECJ situated on the top of this hierarchy.

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