conference proceedin.. - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. II - 2009
a) The Member States have definitively transferred a part of their
sovereign rights to the Community created by their own volition. Therefore
this process can not be reversed, the states not being able to revert to the
already transferred rights by means of subsequent unilateral measures
which are not compatible with Community law;
b) In the EEC Treaty there is a principle which was afterwards taken
over by the Treaties of Maastricht and Amsterdam, according to which no
Member State may question the unitary and universally applicable status of
Community law throughout the territory of the European Union.
The natural conclusion that follows is that the Community law
norms, created in accordance with the tasks and competences which the
institutions of the European Union have received through the constituent
treaties, have precedence in case of conflict with the internal law of the
states.
The consequences of applying the rule of Community law principle
can be systematized in the following way:
a) The rules of Community law which a have direct effect should be
applied from the day when they come into force, even if it has been
ascertained that there exists an incompatible national norm.
It is mandatory for all competent national authorities, including
those within the field of administration, not to apply the inconsistent
national law.
The Member States are obliged to repair the damage caused to
individuals by violation of the Community law, the national judge being
able to establish to what extent those prejudices are attributable to them. As
to what the conditions of exercising the action in responsibility are
concerned, they are those provided by the internal juridical order which
determines the competent jurisdiction and the procedural rules. When
repairing the prejudice is required in order to implement a directive, the
CJEC linked the request to the fulfillment of several conditions such as: the
result established by the Directive has to entail the conferring of rights to
individuals; the content of these rights has to be established within the
provisions of the Directive; there has to be a causal link between the
inobservance of the obligation that belongs to the state and the prejudice
suffered by the injured person;
b) There is a connection between the rule of Community law
principle and the principle of Community law integration, because the
application of the former depends on the direct effect of Community law;
c) The national judge is obliged to suspend the application of a
national measure, even if a law, when there is serious doubt about its
compatibility with the norms of Community law, until the problem of the
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