5. Reflectarea principiilor derivând din faptele juridice licite în jurisprudența Curții de Justiție a Uniunii Europene
5. Reflecting the principles resulting from the lawful deeds in the case-law of the Court of Justice of the European Union

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.

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