CALIFICAREA ÎN CONFLICTELE DE LEGI ŞI ÎN CONFLICTELE DE JURISDICŢII
CALIFICAREA ÎN CONFLICTELE DE LEGI ŞI ÎN CONFLICTELE DE JURISDICŢII
Author(s): Călina JugastruSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: conflicts of law; conflicts of jurisdictions; competence; rule of law
Summary/Abstract: In this study, the author describes the competence in the conflicts of law and in the conflicts of jurisdictions, which is a logical and legal operation of interpreting the sense of the legal concepts expressing the content and the relation of the conflict-of-law rule, of interpreting the concepts and finally, of classification into a legal category – in relation to a system of law. The structure and the content of the study reveal the comments on the preliminary considerations, on the subject matter and mechanism of the competence, on the typology of competence, of the law according to which the competence is given in the Romanian law and on the conclusions. In conclusion, the institution of competence receives new valences in the context of multiplying the European rules in the regulations and directives requiring their transposition into the national laws of the Member States. The European law frequently operates with autonomous concepts and generates parallelism with the national regulations, as regards the competence of certain similar or identical concepts.
Journal: Universul Juridic
- Issue Year: 2016
- Issue No: 06
- Page Range: 063-094
- Page Count: 32
- Language: Romanian