The Relation between Treaties and the Domestic Legislation of the European Union Member States. Solutions in Case of Conflict of Norms Cover Image
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Raportul dintre tratate şi legislaţia internă a statelor membre ale Uniunii Europene. Soluţii în caz de conflict de norme
The Relation between Treaties and the Domestic Legislation of the European Union Member States. Solutions in Case of Conflict of Norms

Author(s): Bogdan-Ovidiu Biriș, Irina-Daniela Muntean, Radu-Mihai Șerbănescu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: C.H. Beck Publishing House - Romania
Keywords: treaties; national legislation; International Law; European Union;

Summary/Abstract: This paper proposes a comparative study between the national norms of European Union Member States on the application of treaties in their domestic legislation.The study is based on two coordinates, namely: the way in which treaties are introduced in the domestic legislation and the relation between the rules included in the treaties and internal law.In the first part, the paper analyzes the practice of States on introducing treaties in their national legislation. Thus, the article presents the means of expressing consent chosen by the Member States depending on the type of treaty and the field in which it is concluded.In the second part, the paper follows the solution chosen by national legislators of Member States in case conflicts arise between the treaties to which those States are parties and the internal norms.The conclusion of the analysis and the purpose of the paper itself is the highlighting of possible flaws found in the Romanian legislation and potential solutions.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 164-170
  • Page Count: 7
  • Language: Romanian