Jurnalul de studii juridice supliment 4-2012 - Editura Lumen

JURNALUL DE STUDII JURIDICEconcluded between the Community and European Union, even memberstates, on one side and third party states, on the other. 21Statistics indicate an increase of community regulations, which areexplained by the fact that new competences are awarded to Europeaninstitution by the Treaty of Maastricht 1992, the treaty of Amsterdam1997, the Treaty of Nice 2001 and last but not least the Treaty of Lisbon.Luckily, Jacques Delors’ formula, showing that one day 80% ofthe economic, fiscal and even the social legislation shall be decided byEuropean institutions, continues to inspire the estimates presented duringpublic debates, which established that the percentage of laws of Europeanorigin was between 60% and 70 %. This estimate coincides with thepredicted rate of the European structure which was infirmed these lastfew years, as French doctrine shows. 22 We also mention that efforts arebeing made both on a community level as well as on a national level tostem the production of laws which is seen as a negative factor of legalefficiency and intelligibility. It is well-known that an over-regulated societyrisks turning into an unregulated one. An attempt to diminish the effectsof these problems represents the development of public political acts,entitled “The Strategy for the Better Regulation at Central PublicAdministrative Level 2008-2013” which has as objectives thesimplification and reduction of national legislation. Putting this documentinto place is in accordance with the legislative and work programme of theCommission of the European Union, entitled “Let us act now for a betterEurope” which constitutes the goal of the Commission Communicationto the European Parliament, the Council, the Economic and SocialCommittee, the regional Committee, from 2009 whereby a betterlegislation was proposed in 2009, thus highlighting the simplification oflegislation and the reduction of in volume of community legislation.Obviously, it is extremely difficult to ascertain with mathematicalprecision the influence of European regulations on national internaldynamics, however, it is clear that an increase in community legislationwould generate a greater level of difficulty for the legislators to adapt thelegislation and for the judges to apply the law, especially in new memberstates, such as Romania.21 J. Maïa, La contrainte européenne sur la loi, “Pouvoirs - Revue francaise d'etudesconstitutionnelles et politiques”, nr. 114/ 2005, p. 54.22 J. Maïa, La contrainte européenne sur la loi, “Pouvoirs - Revue francaise d'etudesconstitutionnelles et politiques”, nr. 114/ 2005, p. 54.46Copyright Jurnalul de Studii Juridice, Editura Lumen