{"title":"关于欧洲联盟权利与罗马尼亚司法秩序之间关系的考虑","authors":"M. Enache","doi":"10.47743/rdc-2016-1-0002","DOIUrl":null,"url":null,"abstract":"The European right represents the set of juridical norms that may be enforced in the \nEuropean juridical order and, according to an interpretation of the Court of \nJustice within the European Communities' Union, the current Court of Justice of \nthe European Union, it constitutes “an own juridical order that is integrated into \nthe juridical system of the member states”. As for the content of the European \nright, it has the character of a juridical order, namely it represents an organised \nand structured series of juridical norms having its own sources, endowed with \nbodies and procedures able to issue them, to interpret them as well as to find \nand sanction the possible violations.\nMaking reference to the internal juridical order of the member states, the \nEuropean right is an autonomous and original juridical order that involves the \nfollowing aspects: the autonomy of the European right's sources, the autonomy \nof the European right's notions that do not depend on the qualifications \nacknowledged by the national right, the autonomy of the European norms that \ncannot be deprived of efficacy (of the useful effect) by the internal right rules of \nthe member states. \nSeveral criteria to classify the European juridical norms have been expressed in \nthe doctrine whereas the juridical force criterion had the largest support. Thus, \naccording to its sources, the European right can be divided into the original or \nprimary right5 and the derived or secondary right.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"46 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Considerations regarding the relationship between the right of the European Union and the Romanian juridical order\",\"authors\":\"M. Enache\",\"doi\":\"10.47743/rdc-2016-1-0002\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The European right represents the set of juridical norms that may be enforced in the \\nEuropean juridical order and, according to an interpretation of the Court of \\nJustice within the European Communities' Union, the current Court of Justice of \\nthe European Union, it constitutes “an own juridical order that is integrated into \\nthe juridical system of the member states”. As for the content of the European \\nright, it has the character of a juridical order, namely it represents an organised \\nand structured series of juridical norms having its own sources, endowed with \\nbodies and procedures able to issue them, to interpret them as well as to find \\nand sanction the possible violations.\\nMaking reference to the internal juridical order of the member states, the \\nEuropean right is an autonomous and original juridical order that involves the \\nfollowing aspects: the autonomy of the European right's sources, the autonomy \\nof the European right's notions that do not depend on the qualifications \\nacknowledged by the national right, the autonomy of the European norms that \\ncannot be deprived of efficacy (of the useful effect) by the internal right rules of \\nthe member states. \\nSeveral criteria to classify the European juridical norms have been expressed in \\nthe doctrine whereas the juridical force criterion had the largest support. Thus, \\naccording to its sources, the European right can be divided into the original or \\nprimary right5 and the derived or secondary right.\",\"PeriodicalId\":421528,\"journal\":{\"name\":\"Revista de Drept Constituțional\",\"volume\":\"46 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Drept Constituțional\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47743/rdc-2016-1-0002\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Drept Constituțional","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47743/rdc-2016-1-0002","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Considerations regarding the relationship between the right of the European Union and the Romanian juridical order
The European right represents the set of juridical norms that may be enforced in the
European juridical order and, according to an interpretation of the Court of
Justice within the European Communities' Union, the current Court of Justice of
the European Union, it constitutes “an own juridical order that is integrated into
the juridical system of the member states”. As for the content of the European
right, it has the character of a juridical order, namely it represents an organised
and structured series of juridical norms having its own sources, endowed with
bodies and procedures able to issue them, to interpret them as well as to find
and sanction the possible violations.
Making reference to the internal juridical order of the member states, the
European right is an autonomous and original juridical order that involves the
following aspects: the autonomy of the European right's sources, the autonomy
of the European right's notions that do not depend on the qualifications
acknowledged by the national right, the autonomy of the European norms that
cannot be deprived of efficacy (of the useful effect) by the internal right rules of
the member states.
Several criteria to classify the European juridical norms have been expressed in
the doctrine whereas the juridical force criterion had the largest support. Thus,
according to its sources, the European right can be divided into the original or
primary right5 and the derived or secondary right.