Judecătorul național, primul judecător al dreptului Uniunii. Rolul său în interpretarea și aplicarea normelor de dreptul ale Uniunii, în scopul asigurării efectului deplin al acestora
National judge, first judge of EU law. Its role in the interpretation and application of EU law, in order to ensure its full effect
Author(s): Claudia Antoanela SusanuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: the supremacy of European law; national judge; preliminary reference; national legislation contrary to EU law; ensure the full effect of EU rules.
Summary/Abstract: The national judge must interpret national law in accordance with the provisions of his constitution.In addition, it has the duty to interpret national legislation so as not to breach the obligations imposed by EU or ECHR law. The national judge, as the first judge of Union law or the Convention, has the task of applying, within the scope of his competence, the provisions of EU law with the obligation to ensure the full effect of those rules, namely to enforce regulations Of the Convention, in domestic law. Consequently, it may, if necessary, of course, remove the application of any contrary provision to national law, even subsequently, without the need to request or to await its prior removal by legislative means or by any other constitutional process.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LXIV/2018
- Issue No: 1
- Page Range: 97-122
- Page Count: 26
- Language: Romanian