The Accesibility of the European Union’s Normes for the Local Authorities of the Member States

Constanta Matusescu ()
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Constanta Matusescu: Lecturer PhD, Valahia University of Targoviste, The Faculty of Law and Social And Political Sciences

Jurnalul de Studii Juridice, 2012, vol. 1-2, issue 1, 41-62

Abstract: The raising of the normative production in the last years is a constant of all the European societies. But the normative inflation, justified by the transformations that produced during this period of time, raises a series of problems connected to the law’s accessibility (both from the material and substantial point of view) and, eventually, to its effectiveness’ guarantee, meaning the assurance of a complete and uniform application of each norm. At the level of the European Union, the increase of the normative production represented a constant of the last two decades, given then conditions of an unprecedented thoroughgoing study of the European integration. The increase of the community settlements was joined by an increased responsibility of all those implicated in their application: European institutions, member states, local and regional authorities. For the regional and local authorities, the proliferation of the applicable rules, national and European altogether, determined numerous constrictions. The multitude of the community juridical apparatus (periodically improved in the practice of institutions, especially of the Commission and whose obligatory effect is recognized by the Court of Justice) and the different appliance means in the internal law (direct application, transposition by internal laws, the Court’s jurisprudence), complicated the task of their acknowledgement and application. This paper intends to approach a series of problems connected to the accessibility and the understanding of the numerous, complex and quite rigid European norms that are summoned for appliance by the local authorities of the member states.

Keywords: accessibility; European norms; local authorities; normative inflation (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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