DINAMICA ACQUIS-ULUI COMUNITAR ŞI ARMONIZAREA DREPTULUI ROMÂNESC
THE DINAMIC OF COMUNITARY AQUIS AND HARMONIZATION WITH ROMANIAN LAW SYSTEM

Summary/Abstract: The large variety of European Community juridical norms and provisions bring, each of them, a particular role within the European Community juridical structure, beginning with the fundamental Treaties of the first three European Communities, until the Treaties of Maastricht and then, Amsterdam and recently, The Lisbon Treaty. On the other hand, the provisions of the European institutions’ documents – regulations, directives and decisions – are very important for different domains, provisions which apply within the national legislation of the Member States – so within the Romanian one as well – according to the fundamental principles of the European Community Law, such as: the direct, immediate and priority application of the European Community legislation comparing to the national one of the Member States. The dynamics of the European Community Body of Laws is an evident one, coming from the dynamics of the relations between the Member States on the one hand and, on the other hand regarding the variety of interests and priorities for these states and their nationals’ ones, depending on different periods of time and on different visions of the Member States on various issues. For instance, until last year the European Union had a Project Treaty for a European Constitution, but this Treaty was not finally successful because it did not pass by the referendum from some European Members States. As a result, in December 2007, at Lisbon (Portugal) the Member States signed a Treaty of reform. That Treaty has already been ratified by the Romanian Parliament and, at the beginning of 2008 it was published in the Romanian Official Monitor, becoming like this a part of the Romanian legislation. Keeping in mind all of these aspects and considerations, one can say that the dynamics of the European Body of Laws and the harmonization of the Romanian national laws after the European Community ones are not only very important and actual issues, but they are up to be subject of a particular analysis, with a view of proving that the European Union body of laws has to be applied with an undoubted priority comparing to the national one, this fact being not only an obligation but a necessity for the proper function of the European Community structure, so this kind of primordial application will also must have effect on the Romanian legislation.

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