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The Principle Of Priority Of The European Union’S Law. Legal Consequences

Author

Listed:
  • 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)

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.

Suggested Citation

  • Marius ANDREESCU & Andra PURAN, 2016. "The Principle Of Priority Of The European Union’S Law. Legal Consequences," Law, Society & Organisations, Romanian Foundation for Business Intelligence, Editorial Department, issue 1(1), pages 5-11, November.
    • Handle: RePEc:cmj:lawsor:y:2016:i:1:5-11
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