conference proceedin.. - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. II - 2009
measure, counter to a juridical system accepted by them based on
reciprocity. Such a measure can not be dissimilar to that legal system. The
enforceability of Community law can not vary from one state to another, in
deference to subsequent internal laws, without jeopardizing the
achievement of the objectives of the Treaty set out in Article 5 paragraph 2
and without giving rise to the discrimination prohibited by Article 7.”
Many of the techniques, methods and principles applied in
Community law and in the Community legal order connect to the branches,
institutions and norms of the national law - especially administrative
norms, constitutional norms etc. The autonomy of the Community juridical
order does not exclude cooperation with the national legal systems, a
cooperation that is not only useful but also necessary, and which is
expressed mainly through a participation of state authorities in the
implementation of Community law.
If we were to organize things, we could say that direct applicability
of the rules of Community law in the legal order of the Member States
brings about a series of consequences, such as:
- Community law is naturally integrated into the internal legal
order of the states, without the need of a particular introductory formula;
- The norms of Community law take their place in the internal
juridical order as Community law;
- The national judges and the national courts are obliged to apply
the Community law;
- The Member States have limited their sovereignty in certain areas
in favor of the supremacy of the Community legal order established by the
regulations of Community law;
- Being implemented by the national legal courts, Community law is
separated from the national law, the national legislators do not have the
power to repeal or to adopt any amendments, and Community law
through its sui generis nature is different, but close to the international and
internal law of the various Member States.
Community law regulations go further, ensuring a uniform
interpretation of Community law in each Member State, because otherwise
it would be reduced to a purely theoretical construction of a nonmandatory
nature, undermining the very economic and legal foundations
of the Treaty. No internal rule can be appealed to before national courts
against the laws created by the treaties in question as an autonomous and
original source, without losing its community nature, which goes to show
once more that in the binomial Community law- national law the former
component is essential, and a possible conflict between Community rules
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