Probleme dificile din practica procedurii de trimitere preliminară în materia serviciilor portuare. Inconsecvențe legislative și administrative
Difficult problems in the practice of the preliminary ruling procedure in the matter of port services. Legislative and administrative inconsistencies

Summary/Abstract: The practice of preliminary reference is no longer necessarily a novelty in the Romanian judicial system, but the difficult problems that arise in the practice of the courts have multiplied and require an in-depth knowledge of the practice of the Court of Justice of the European Union. We note at the level of European law a constant increase in regulations at the level of various branches of law, which also attracts the increasing importance of the obligation of national courts to refer to the Court of Justice of the European Union with rulings to ensure a uniform application at the Union level of the various incident texts. On the other hand, it is correlatively noted that in the case of difficult problems, Romanian courts tend to constantly avoid the direct application of European law norms, either by omitting to rule on their application, or by refusing to refer to the Court of Justice of the European Union. Another difficult problem encountered in the practice of Romanian courts is the failure to directly apply the solutions pronounced by the Court of Justice of the European Union by ignoring them, or by claiming unenforceability due to the fact that the decision refers to the legal system of another Member State. The multitude of problems identified in practice regarding the preliminary reference procedure determines the need for an in-depth study of these cases, the identification and presentation of long-term solutions în order to avoid the adoption of practices against European law, against the decisions adopted by the Court of Justice of the European Union, the creation of unitary and uniform practices at European level regarding the way of its interpretation and application.

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