BRIEF CONSIDERATIONS REGARDING THE SUPREMACY OF THE UNION REGULATION IN RELATION TO NATIONAL ACTS

Authors

  • Elise-Nicoleta VÂLCU Faculty of Economic Sciences and Law, University of Pitesti, Romania

DOI:

https://doi.org/10.55516/ijlso.v1i1.97

Keywords:

supremacy; union legal order; sources of union law; CJEU; national acts

Abstract

The European Union is an international integration organization in the sense that we constantly retain requests from some European states for accession. The EU is not an international organization in the classical sense, departing significantly from the terminology established by international law. So, we are in the presence of an autonomous governance, with individual rights and powers. In this sense, the member states have given up part of their legislative sovereignty in favour of the Union in order to jointly exercise the prerogatives deriving from this transfer. Also, the European Union is based on sources of law that give rise to a legal system distinct from the systems of the member states, characterized by its supremacy in relation to the latter.

The present study aims to address the issue of the supremacy of the Union law system, in relation to the national law, with special reference to the supremacy of the main source derived from the Union, the regulation, in relation to the sources of the national legal order.

References

T. Avrigeanu, Souveranité versus reprezentativité. L’Union Europeenné entre empire postmodern et commonwelth restauratif, Curentul Juridic, Year XIII, nr. 4 (43)/2010;

N.E. Hegheş, EU jurisprudence - Selection and processing: Exclusive right of broadcasting bodies. Communication of broadcasts through television sets installed in hotel rooms, Romanian Intellectual Property Review no. 3/2019, Universul Juridic Publishing House, Bucharest;

I. Boghirnea, C. Dinică, M. Dinică, Role of Law in the General Principles, in Journal of legal studies, Year VI, Supplementary no. 2/ 2011;

I.N. Militaru, European Union Law. Chronology. Springs. Principles. Institutions. Universul Juridic Publishing House, Bucharest 2011;

A. Fuerea, Handbook of the European Union, 3rd Edition, revised and added, Universul Juridic Publishing House, 2006, pp.27 et seq.);

M. Grigore, I. V. Ivanoff, R. Postolache, S. Ionescu, M. Niță, The Principles of Elaboration of the Normative Acts, in volumul “International Conference on Private Law (PL’11)”, Brașov, 2011;

Government Ordinance no. 8 of February 19, 2019 regarding some measures for the application of Council Regulation (EU) 2017/1,939 of October 12, 2017 implementing a form of consolidated cooperation regarding the establishment of the European Public Prosecutor's Office (EPPO), published in the Official Gazette no. 137 of February 20, 2019;

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing a form of enhanced cooperation with regard to the establishment of the European Public Prosecutor's Office (EPPO);

Judgment of the CJEU in Case 106/77- State Finance Administration against Société anonyme Simmenthal. CJEU judgment in Case 6/64, Flaminio Costa/versus ENEL; EU:C:1964:66;

Declaration no. 17 regarding the supremacy of the European Union (OJ C 202, 7.6.2016);

https://op.europa.eu/webpub/com/abc-of-eu-law/ro/ accessed on 02.11.2022;

https://www.juridice.ro/763896/pe-intelesul-tutoror-hotararea-cjue-din-21-decembrie-2021.html accessed on 02.11.2022.

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Published

2022-12-27

How to Cite

VÂLCU , E.-N. . (2022). BRIEF CONSIDERATIONS REGARDING THE SUPREMACY OF THE UNION REGULATION IN RELATION TO NATIONAL ACTS. International Journal of Legal and Social Order, 1(1). https://doi.org/10.55516/ijlso.v1i1.97

Issue

Section

Law