GENERAL CONSIDERATIONS REGARDING THE RECEPTION OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN THE PROCESS OF LEGISLATIVE CODIFICATION IN MEMBER STATES
GENERAL CONSIDERATIONS REGARDING THE RECEPTION OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN THE PROCESS OF LEGISLATIVE CODIFICATION IN MEMBER STATES

Summary/Abstract: The importance of the role of jurisprudence related to other spheres of thought also appears as a reflexunder the conditions of the development of society and the emergence of new situations and realities.The new situations could not be resolved based on texts adopted centuries before, and, as a result,jurisprudents found, in the texts of the old laws, the means which, through ingenious interpretation, canbe used to resolve new cases. In the legal systems of the founding states of the European Union,jurisprudence was not considered, in principle, a source of law, because the judgements of courts onlyproduced effects inter partes. For this reason, the authors of the treaties did not include communityjurisprudence in the nomeclature of sources of law. However, in the European legal system,jurisprudence has the value of source of law. The interpretation which the European courts give isimposed to all authorities, including national ones, an argument which confirms the status of source of lawof European jurisprudence. As a consequence, no practitioner who must resolve an issue of Europeanlaw may say that he has mastered this law, if he does not know the relevant judgements of the Europeancourts.

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