THE INTERNATIONAL LEGAL ORDER AND THE EUROPEAN UNION LEGAL ORDER - IMPLICATIONS IN MODERNIZATION OF RULE OF LAW Cover Image

THE INTERNATIONAL LEGAL ORDER AND THE EUROPEAN UNION LEGAL ORDER - IMPLICATIONS IN MODERNIZATION OF RULE OF LAW
THE INTERNATIONAL LEGAL ORDER AND THE EUROPEAN UNION LEGAL ORDER - IMPLICATIONS IN MODERNIZATION OF RULE OF LAW

Author(s): Emilian Ciongaru
Subject(s): EU-Legislation
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: rule of law; globalisation of the law and of justice; legal order; European Union law; the legal systems;

Summary/Abstract: Through the globalisation of the law and of justice at an international level, the premises for the consecration of a new global order are laid-down and implicitly, of a global procedural law, which will prevail precisely because of the need to establish and maintain social peace worldwide and also, a certain attraction between juridical cultures and orders and an attempt to improve the differences between the legal systems. The rules of a legal order at an international level are created by agreement of the sovereign states that have equal rights. The free expression of the States’ agreement is characterises the implication thereof in the international normative process. From a juridical perspective, the European Union was set-up as a new international law legal order, for the benefit of which the States limited their sovereign rights, although only in specific fields, and the subject matters of which are not only the States, but also the citizens thereof. Between these two orders there is a certain logical and theoretical unity, leaning towards the legal monism, which makes the international law prevalent over the European Union law and with concept of the rule of law.

  • Issue Year: IX/2015
  • Issue No: IX
  • Page Range: 82-86
  • Page Count: 5
  • Language: English
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