Raportul metodologic – condiţie sine qua non a Raportului sistemic în drept? Studiu de caz: raportul ce se stabileşte între Dreptul naţional şi dreptul Uniunii Europene
The Methodological Report – Sine Qua Non Condition of The Systemic Report in Law? Case Study: The Relationship Established Between National Law and European Union Law

Author(s): Cristian Neacsiu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Court case
Published by: Universul Juridic
Keywords: National Law; Union Law; European Union Law; Systemic Raport; Systematization;
Summary/Abstract: Valorizing the logical relationship that is established between the part and the whole, even though it is rudimentary, this last logical relationship imposes itself with the force of the logical evidence in it’s particularities precisely through a methodology subsumed implicitly as an intrinsic methodology as a rudimentary methodology that consists in the quantitative approximation of identities as partian entities of different quantity but qualitative identity. Thus, regarding the same logical relationship viewed this time in the particular-general sense, it appears that it has it’s own methodology of quantitative approximation of the whole in relation with it’s parts, respectively of quantitative approximation of the parts in relation to the whole from which emanate.Once established the aspect that the logical part-whole relationship even in it’s canonical form posseses it’s own methodology, a fortiori it emerges that in all those particularities of the first one, particular methodologies are claimed as elements of methodical support of the part-whole relationship, respectively as elements methodical configuration of the local part-whole relationship through a particular situation. This latter double methodological value seems to be not only the step, but also the methodical (similar to the metrical foot in the prosody of the lyrical genre) through which the step is made as a systematized leap of a systematization directed by the configuration of a systemic relationship. Transposing the previous logical considerations into the legal area, a situation of current interest but also of logical seduction, is represented by the configuration or even the systematization of the systemic relationship that is established between European Union law as it’s super-structure and National Law as a hierarchical structure. Without losing sight of the inflections of this relationship between national-individual and union-identity, it must be researched from the point of view of a logical methodology guided by the logical value of the truth (and the Truth) as a bridge that realizes the cleavage of the National Law with the law of the European Union.

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