EDITORIAL: Comparative Law in Romania: History, Present and Perspectives Cover Image

EDITORIAL: Comparative Law in Romania: History, Present and Perspectives
EDITORIAL: Comparative Law in Romania: History, Present and Perspectives

Author(s): Manuel Guţan
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic

Summary/Abstract: A Romanian Journal of Comparative Law should not only be a true challenge to a Romanian legal academic community which is, somehow naturally, primarily focused on a parochial exegesis of the Romanian legal system but also a necessity in a contemporary context, where globalization brings inevitably together national legal systems and national legal cultures. Especially in the context of the European legal integration, whose part Romania became since 2007 as a full member of the European Union, the inevitable interaction with other European legal systems, with the European legal order itself, brings to our attention a stringent need to manage these legal‐cultural encounters. The problems raised in this context are manifold: legal change in contemporary Romania develops not only through internal but also through strong external political impulses; the idea of improvement of the national legal system through a selective process of legal import is just partially applicable; the coherence of the national legal system develops more and more like an unattainable ideal; the legal practice is not undertaken in the context of the predictable and fairly understood national normative legal framework anymore. Basically, legal and cultural engineering are constantly at stake at the European Union level and the frequent reaction of rejection from Romanian legal professionals and society tells us that something must be done in order to grasp and correctly integrate this process.

  • Issue Year: 2010
  • Issue No: 01
  • Page Range: 7-70
  • Page Count: 64
  • Language: English