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Uniunea Europeană – o cultură juridică comună
The European Union as a common legal culture

Author(s): Daiana Maura Vesmas
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: European legal culture; European law; Europeanization; European identity; ius commune europaeum; European legal dogmatism; rule of law, independence of justice; confessional neutrality of the state; unity in diversity, legal transfer; legal unity; cult

Summary/Abstract: Europe, understood as a community of values, has to be understood also as a legal and cultural community, as a community of legal culture. The aspiration for freedom, justice and common wealth has created a series of paradigms, which are integrated now in the cultural legacy of the mankind forming, together with the achievements in literature, art, painting, music, architecture, a.s.o, the cultural genotype of Europe, regarded as a whole. As comparative element have been considered fundamentalistic and/or dictatorship models, including the particular models generated in Eastern Europe. Today, Europe has to confront an intercultural challenge and competition. Therefore, we also have to regard Europe from outside, with an critical eye. This is important when considering Latin America, Africa or the islamic countries, but also in regard to the EEC countries inside Europe. The great past and the great future of European Law, understood in a large and/ or in a restrained sense, should be understood as a Europe limited system, or maybe as a model and/or alternative, but not as a new „colonial” movement of europeanization of the world. The juridical transfer, regarded as part of the cultural transfer, to the developing countries including the CEE countries, should be made with tolerance and in respect of other cultures and law systems .It is also to desire that the CEE countries have the power, the creativity and the will to internalize the foreign European law but, at the same time, the European legal system has to remain open to the legal influences coming out from other countries. Because this tolerance, assimilation capacity and capacity to learn, remain the main values of mankind in a interconnected world.

  • Issue Year: 2008
  • Issue No: 02
  • Page Range: 177-185
  • Page Count: 9
  • Language: Romanian