4. Collective dismissals in the light of the last jurisprudential trends. Application of the EU directives in this context Cover Image
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4. Concedierile colective în lumina ultimelor tendinţe jurisprudenţiale. Aplicarea directivelor UE în context
4. Collective dismissals in the light of the last jurisprudential trends. Application of the EU directives in this context

Author(s): Romeo Glodeanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: general rule; special rule; interpretation of legal rules; European directives; contrary provision; Constitution; priority to apply;

Summary/Abstract: The relationship between the general rule and the special rule does not always seem to be obvious to the practitioner being in the situation of concretely applying this relationship. A detailed examination is required many times concerning the nature of the rules in concurrence, with regard to the identification of the specificity of legal rules into question. Additional issues may arise from the particular situation in which the rule deemed special breaches certain European directives given out in the same matter causing as well, the above-mentioned controversy in relation to their application. In this case, besides the appeal brought against the rules of interpretation of the legal rules, an important benchmark for the respective practitioner seems to be represented by the provisions of art. 148 paragraph (2) of the Constitution of Romania, according to which, as a result of its accession, the provisions of the constitutive treaties of the European Union, as well as the other mandatory Community regulations have priority as compared to the contrary provisions of the internal laws, by observing the provisions of the act of accession.

  • Issue Year: 2015
  • Issue No: 04
  • Page Range: 155-171
  • Page Count: 17
  • Language: Romanian
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