Application of the European Union law according to the provisions of the Romanian Constitution and other norms of national law Cover Image
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Aplicarea dreptului Uniunii Europene potrivit prevederilor Constituției României și ale altor norme de drept intern
Application of the European Union law according to the provisions of the Romanian Constitution and other norms of national law

Author(s): Augustin Fuerea
Subject(s): EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: European Union law; the Romanian Constitution republished version; national law; the immediate direct and priority applicability; decisions of the Romanian Constitutional Court;

Summary/Abstract: The features that give a distinct note to European Union law, and even its specificity, in relation to national or international legal orders, whether universal or regional, par excellence lie in the immediate, direct and priority applicability of the rules that make it up. The concept of „priority” EU law in relation to the national law of the Member States is likely to complete the understanding of its specificity in relation to the situation which we encounter with reference to international law. The development and adoption of primary or secondary norms of European Union law represent true, intrinsic consequences of developments or, respectively, expectations recorded at EU level, either qualitatively or quantitatively. From such a perspective the steps we are witnessing, including those of legislative nature, must be known, understood, and accepted. Our approach considers the fundamental legal basis offered by the Romanian Constitution, republished version, but also relevant aspects found in the Civil Code, the Civil Procedure Code, Penal Code, and Criminal Procedure Code, to which we add the Insolvency Law.

  • Issue Year: 2019
  • Issue No: 06
  • Page Range: 149-171
  • Page Count: 23
  • Language: Romanian
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