SOME CONSIDERATIONS THE CRISIS OF CONTEMPORARY LAW WITH THE CONSEQUENCE OF ALTERING THE SACROSANCT PRINCIPLE OF THE FUNCTIONING OF THE RULE OF LAW
SOME CONSIDERATIONS THE CRISIS OF CONTEMPORARY LAW WITH THE CONSEQUENCE OF ALTERING THE SACROSANCT PRINCIPLE OF THE FUNCTIONING OF THE RULE OF LAW

Summary/Abstract: The Romanian legal culture prior to 2007 was based on the traditional valences expressed in the Romanian legal doctrine, based on the principles of the historical school of law. In this sense, the legal culture, based on the idea of people's conscience, had a significant relevance in shaping the Romanian law system. With the accession of Romania to the European Union, the significant weight in structuring the legal culture and implicitly of the Romanian law system has been taken over by the legal positivism, which allows a better settlement in the current context, in which the competition of the different national legal cultures of the Member States must accepts the influence of European legal culture. The concrete projection of the influence of the European legal culture can best be observed at the source of the law. The whole complex of the sources of Romanian law has been significantly modified, as a result of Romania's accession to the European Union. Thus, the provisions of the treaties are priority over the internal legal norms. Moreover, the legal system of the European Union has mechanisms through which it can intervene on domestic law, as is the case with the decisions of the Court of Justice of the European Union in interpreting the provisions of the constitutive treaties. The current state of the Romanian law system represents a combination between the traditional Romanian system, based on the principles of Roman-German law, but which is largely and irreversibly influenced by the European legal culture. Moreover, if in 2007 the share of the influence of European legal culture was quite small, at present it has a major influence in the development of the Romanian legal system, an influence that will continue to grow.

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