IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v2y2013i1p122-126.html
   My bibliography  Save this article

Validation Of The Derived Law Norm In The European And International Law

Author

Listed:
  • Alina Letia

    () (Bucharest Bar Association, Romania)

Abstract

Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives) in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

Suggested Citation

  • Alina Letia, 2013. "Validation Of The Derived Law Norm In The European And International Law," "Perspectives of Business Law” Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 2(1), pages 122-126, December.
  • Handle: RePEc:sja:journl:v:2:y:2013:i:1:p:122-126
    as

    Download full text from publisher

    File URL: http://www.businesslawconference.ro/revista/articole/an2nr1/18%20Letia%20Alina%20EN.pdf
    Download Restriction: no

    More about this item

    Keywords

    direct applicability; priority; suveranity; supremacy; Constitution; European juridical order; preliminary decisions.;

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:2:y:2013:i:1:p:122-126. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Catalin-Silviu Sararu). General contact details of provider: http://edirc.repec.org/data/aseeero.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.