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

Listed author(s):
  • Alina Letia


    (Bucharest Bar Association, Romania)

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    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.

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    Article provided by Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) in its journal “Perspectives of Business Law” Journal.

    Volume (Year): 2 (2013)
    Issue (Month): 1 (December)
    Pages: 122-126

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    Handle: RePEc:sja:journl:v:2:y:2013:i:1:p:122-126
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