THE PRINCIPLE OF PRIORITY OF THE EUROPEAN UNION’S LAW. LEGAL CONSEQUENCES

Marius Andreescu and Andra Puran
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Marius Andreescu: Curtea de Apel Piteşti, Facultatea de Drept şi Ştiinţe Administrative, Universitatea din Pitești
Andra Puran: Facultatea de Drept şi Ştiinţe Administrative, Universitatea din Pitești

Law, Society & Organisations, 2016, issue 1(1), 5-11

Abstract: For the national courts of law the aspects coming out from the principle of priority of the European Union law compared with the national law, are extremely important because the national judge will be many times in the position of deciding if he has to apply a community norm, and if yes, which is the procedure to follow. In this study we analyze some of the important aspects such as the contents of the principle of priority in European Union law compared with the national law, but also particular aspects, such as the relationship regarding the community law norms on one side, and the norms regarding the constitutions of the member states, on the other side. The obligation of the law courts to interpret the internal law in compliance with the European Union law results from the jurisprudence of the European Court of Justice. In this study the main aspects of this obligation are shown and also the rule for the procedural autonomy, acknowledged by the national judge that is applying the community law norms with the purpose to ensure the efficiency of these dispositions.

Keywords: The principle of priority of the European Union law; National law; European Union law; National judge; Rule for the procedural autonomy (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:cmj:lawsor:y:2016:i:1:5-11

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