The Monistic and the Dualistic Theory Cover Image

Teoria monistă şi dualistă în Dreptul European
The Monistic and the Dualistic Theory

Author(s): Emilian Ciongaru
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: European law; legal order; European Union rules; monism; dualism

Summary/Abstract: Immediate applicability or monism, is characteristic of European law by the legal rules of European law, either original or derivative are immediately applicable law of the Member States, European law therefore forms an integral part of the legal order applicable in the individual Member States, making such a transfer of competences from national to EC State with the following consequences: European law is integrated naturally into the legal order of states without the need to place any special formula, the European rules dealing with its national law in place, that European law; national judges are obliged to apply European law . European law confers rights and obligations not only of Member States but also of the citizens and enterprises subject to certain rules directly. It is part of the legal system of Member States to respond, firstly, the correct application of these regulations. Therefore, any citizen of EU Member States should be entitled to expect that national authorities throughout the European Union to correctly apply their rights as European citizens. Each Member State is responsible for implementation within national legal systems, law (transposition of the deadlines, compliance and correct application). Under the Treaties, the European Commission watches over the correct application of European law. Therefore, if a Member State does not comply with European law, the Commission has powers of its own (action failure) of the EC Treaty and the EAEC Treaty to try to end the infringement and, if necessary, may apply to the Court of Justice. Failure means the failure by a Member State of its obligations under European law. This may take the form of an action or omission. The state understands that Member State has violated European law, whatever the authority - central, regional or local - responsible for failure. Any person may submit a complaint against the European Commission by a Member State to denounce a measure (legislative, regulatory or administrative) or imputed to the practice which it considers contrary to a provision or principle of European law. Not be proved or interest to act and there is direct breach of European law on which it relies. However, to be taken into account, the complaint must relate to an infringement by a Member State, so the object can not have an issue of personal nature. The legal system of Member States of the European Union has two components complement each other as follows: the component composed of of the European law the rules and the component consists of national legal the rules. European law is a legal order, because is a set of legal rules endowed with its own sources, the organs necessary for the adoption and applying the rules and compliance his is ensured by an independent judicial device. European law establishes the relationship between Union and Member States.

  • Issue Year: I/2012
  • Issue No: 1
  • Page Range: 212-231
  • Page Count: 20
  • Language: English
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