Aspects Regarding the Creation of the Internal Legal Framework for the
Transposition of Directives and Application of the Regulations and Decisions of the European Union in Romania Cover Image

Aspects Regarding the Creation of the Internal Legal Framework for the Transposition of Directives and Application of the Regulations and Decisions of the European Union in Romania
Aspects Regarding the Creation of the Internal Legal Framework for the Transposition of Directives and Application of the Regulations and Decisions of the European Union in Romania

Author(s): Mihaela-Adina Apostolache
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Editura Fundaţiei România de Mâine
Keywords: legal framework; European affairs; applicability; transposition; enforcement; conformity;

Summary/Abstract: In the space of the European Union, the European law exerts a direct or indirect effect on the legal order of the member states, becoming an integral part of them. In general, the implementation of EU law falls within the competence of the Member States, and the Union, under primary legislation, has only limited enforcement powers. It is Article 291 paragraph 1 of the TFEU that adds the provision that Member States have the obligation to take all the necessary internal law measures to implement the legally binding acts of the Union. Thus, the Commission exercises its enforcement powers, according to Article 291 paragraph 2 of the TFEU, in the situation where unitary conditions are necessary for the implementation of the legally compulsory acts of the Union. As such, Member States have the primary responsibility of applying EU treaties and legislation in a timely and correct manner, while the Commission has the role of monitoring the application of Union law.

  • Issue Year: XVI/2022
  • Issue No: 16
  • Page Range: 107-113
  • Page Count: 6
  • Language: English