ROMANIA'S STEPS IN ORDER TO AVOID THE ACTION FOR DAMAGES BY THE EUROPEAN COMMISSION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AS A RESULT OF THE NON TRANSPOSITION OF THE UNION LEGISLATION Cover Image

ROMANIA'S STEPS IN ORDER TO AVOID THE ACTION FOR DAMAGES BY THE EUROPEAN COMMISSION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AS A RESULT OF THE NON TRANSPOSITION OF THE UNION LEGISLATION
ROMANIA'S STEPS IN ORDER TO AVOID THE ACTION FOR DAMAGES BY THE EUROPEAN COMMISSION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AS A RESULT OF THE NON TRANSPOSITION OF THE UNION LEGISLATION

Author(s): Elise Nicoleta Valcu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: C.H. Beck Publishing House - Romania
Keywords: procedure; non-fulfillment of obligations; sanctions; union normative act; normative act of transposition;

Summary/Abstract: In order to avoid such an approach of the European Commission, Romania has as main obligation the awareness and responsibility for transposition and application of Union legislation by national institutions with implementation responsibilities and strengthening the interinstitutional dialogue with Commission representatives.We consider, in this sense, the provisions of art. 258-260 TFEU, regarding the pre-litigation and contentious stages of the action regarding the non-fulfillment of the legislative transposition obligation, texts based on which, numerous infringement proceedings were initiated against Romania in various fields. Moreover, Romania must be aware that such an approach ultimately has a single purpose, undesirable by any Member State, that of imposing financial sanctions by the CJEU in the contentious stage of this action.In our study we will identify domains, union approaches and concrete solutions of Romania in these cases.

  • Issue Year: 13/2021
  • Issue No: 1
  • Page Range: 222-230
  • Page Count: 8
  • Language: English