Efecte deciziilor Curții de Justiție a Uniunii Europene asupra dreptului penal al statelor membre și jurisprudenței naționale în materie penală
The effect of CJEU case law on the national criminal law of member states and on the national jurisprudence in criminal matters

Summary/Abstract: The article aims at briefly analyzing the effect of the Court of Justice of the European Union’s case law on the criminal law of member states, identifying the obligations that arise for the legislative and judicial power as a result of determining the non-compliance of national law with European law. Faced with the prolific activity of the CJEU, with direct impact in national criminal law, and with the lack of reaction from the national legislator, it is incumbent on the magistrate of Member States to interpret and enforce national law in accordance with the decisions of the european court. For every situation identified this article tries to determine what is the required conduct for Member States and what is the practical manner of enforcing CJEU’s decision by the national judge.

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