Interpretation and application of EU law in equal way in all Member States – Case study: the public or private character of broadcasting a phonogram Cover Image
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Viceprimarul şi administratorul public – aspecte ale statutelor juridice, potrivit Codului administrativ
Interpretation and application of EU law in equal way in all Member States – Case study: the public or private character of broadcasting a phonogram

Author(s): Cristina Cornelia Feurdean
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Administration, EU-Legislation, Administrative Law
Published by: Universul Juridic
Keywords: judiciary authority; phonogram; European Court of Justice and the National Court; public character;

Summary/Abstract: The European Court of Justice from Luxembourg must be perceived definitively and undeniably as a judiciary authority belonging to the European Union, which ensures the interpretation and enforces the application of the EU law in a uniform way, in all the Member States, guaranteeing at the same time the dissemination of its jurisprudence in all official languages of the Member States belonging to the Union, via its Official website, via the European Union’s Official Journal and via other2 jurisprudence databases. So far, no problem has been identified, everything is clear, correct, and concise, even when we are analyzing the juridical framework of the relationship between the European Court of Justice and the national courts or the relationship between European Union law and national law. However, in current practice there is a temptation of avoiding the existing jurisprudence, to emphasize the idea that it would not be necessary to comply with a judgment of the European Court of Justice, unless standing trial in a national court, where such a decision could be invoked. In other words, if it stands and the juridical person or other forms of profession upon which some pressure is exerted cannot afford to waste time in Court, then why not give it a try?

  • Issue Year: 2021
  • Issue No: 03
  • Page Range: 165-176
  • Page Count: 9
  • Language: Romanian