Aplicarea dreptului Uniunii Europene de către instanțele de judecată din România. Eroarea judiciară.
Application of European Union Law by Courts in Romania. Judicial Error

Author(s): Delia Mihaela Marinescu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Universul Juridic
Keywords: European Union Law; Courts; Administration of Justice; Judicial Error; Supremacy of European Law;
Summary/Abstract: The correct administration of justice is a defining element for a state of law, whose main mission is to guarantee an act of justice carried out in accordance with the law and the application of national and European legal norms with reference to the factual situation deduced from the judgment, with the aim of respecting procedural rights of the parties. That is why the State must sanction the activity of judicial bodies that exercise their function in bad faith and that violate the rules of law, pursuing or accepting the injury of the rights of litigants, especially considering that errors in the judicial act produce serious consequences not only on citizens who are party to that case, but also on the security of the judicial system as a whole, as an essential part of state security. After Romania's accession to the European Union on January 1, 2007, the changes made in the national legislation, primarily through the adoption of new codes in civil matters, civil procedure, criminal and criminal procedure, highlighted the importance of the priority application of European Union law in the activity courts in Romania, equally for all citizens, without distinguishing themselves according to their quality and status. The main objective of this research is related to the presentation of the legal framework that enshrines the mandatory compliance by national judges of the principle of priority application of European Union law, as well as the exposition of the relevant jurisprudence identified in the practice of the Court of Justice of the European Union. The article analyzes the legal and jurisprudential norms at the level of the European Union in the matter, the manner of their application in the activity of the courts in Romania, in order to respect the principle of the supremacy of the law of the European Union, but also the importance of avoiding cases of judicial error.

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