THE CONCEPT OF PRIMACY OF COMMUNITY LAW
THE CONCEPT OF PRIMACY OF COMMUNITY LAW
Author(s): Constantin GabărSubject(s): History of Law, Constitutional Law, Civil Law, International Law, Human Rights and Humanitarian Law, Civil Society, Governance, Public Administration, Public Law, Security and defense, Politics and law, Social Norms / Social Control, Philosophy of Law, EU-Legislation, Labour and Social Security Law
Published by: Editura Universitatii LUCIAN BLAGA din Sibiu
Keywords: European Union; European Community; Community law; national law; founding treaties;
Summary/Abstract: The importance of the increasing role of Community law is given by the implications for the legal systems of the Member States of the European Union. The European Community has evolved over the course of its history into a multi-state structure with an autonomously manifest legal order, with a system of law binding on each Member State and quasi-uniformly ‘adopted’ by the member states of the European Community. The relationship between Community law and national law can be quantified as follows:1.the prioritization of the competencies of Community law in relation to those of the national law, which implies a transfer of competencies to the European Union; this transfer can be total, as is the case of the customs tariff, or partial, a situation in which there is no need for a relationship between them; 2. the alignment of the legislative provisions of the national law with Community law; 3. the reconciliation of the consequences of the legal rules making up the two legal systems; 4. the concomitance of Community law with the national law, i.e., where Community law guides the application of national rules, as in the case of competition law.
Journal: Studia Securitatis
- Issue Year: XVI/2022
- Issue No: 2
- Page Range: 91-98
- Page Count: 8
- Language: English
- Content File-PDF