The impact of the recent case-law of the Court of Justice of the European Communities, taking into consideration the accession of Romania to the European Union
15/2006 , p211..218
Author(s):
Serban Nicolae LOVIN
Keywords:
law, Romania, European Union law, case-law
Abstract:
The herein essay exposes, from the point of view of the recent case-law of the Court of Justice of the European Communities, the role of this jurisdictional institution in the interpretation and application of the European Union law, taking into consideration the accession of Romania to the European Union. The essay analyses in the first place, in a generally and theoretically manner, the role and the effects of the case-law of the Court of Justice of the European Communities and subsequently illustrates, with two recent judgments, the problems which may occur in connection with the interpretation and the application of the provisions of European Union law, and the concrete role of the Court, by the impact of its case-law, for the interpretation of this law. The conclusion of the essay is that, taking into consideration the fact that the case-law of the Court of Justice of the European Communities is continuously improving and supplementing the general template drawn up by the primary and secondary community law, its impact from the point of view of the accession of Romania to the European Union will overcome the one of the transposition of the acquis communautaire, since the law-source character of the case-law of the Court of Justice of the European Communities creates the premises of a continuous adaptation and transformation of the Romanian internal law.
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