Comparative law. Europe Union law

• Author: Emilian Ciongaru
• Position: Associate Researcher, Institute of Legal Research Acad. 'Andrei Radulescu' of the Romanian Academy, Bucharest, Romania
• Pages: 122-128

European Integration - Realities and Perspectives

2012

122



Comparative Law. Europe Union Law

Emilian Ciongaru

1

Abstract: The analysis of the European law, jurisprudence created wants to have that purpose, the idea of

justice unique at European Union level, based on the comparison of the two mai n systems that act as current

EU members, namely: the R oman-Germanic legal system and common law system (common-law).

Observing the link between the European legal order and its Member States to ascertain the relationship based

on the principle of direct int egration of European law into national law of Member States and the principle of

primacy of European law over domestic law, principles which were sta ted by the Court of Justice.

Increasingly we can see that, besides the current territorial globalization, and globalization of justice is based

on general principles of law and would, establish common ground for all other existing legal systems, aiming

to equilibrium coexistence of all citizens, in order to respect fundamental rights and freedoms.

Keywords: European legal order; jurisprudence; common law; globalization of justice

Since the oldest times, comparative law has an important object of research but also the practice.

Through the adopting different the legal rules, the peoples had discounted most of the times the way

they were regulated some problems in the countries which neighbored. For example we have the Law

of the XII tables, which, according to Roman jurisconsults, was in a great measure made by the

Athenian laws of Solon. So after comparing various foreign legal systems, the Romans, a people of

lawyers as Plato said, have developed jus gentium (law of nations - was intended to regulate relations

between citizens and pilgrims).

Later, in Novel 89

2

, the Byzantine law regularize the situation of natural children, consecrating a softer

regime in their favor, the result of comparing the existing laws in Syria and Phoenicia (Otetelisano,

pp.17,140,141.).

Then, Victor Dan Zlatescu concludes that as a country or region is essentially a provincial

phenomenon” (Clinoiu et al., 2007, p. 44 and next). This justified Pascal could say: truth is an error

on this side of the Pyrenees beyond themselves. Indeed,

“

the legal rules - eventually the subjective

phenomenon - is the result of some social needs, the political and psychological pressure, and finally a

certain mentality. A border can be drawn arbitrarily certain mandatory rules on a territory and others,

can opposite one neighboring. There is no criteria, sometimes there is no possibility of reconciliation.

This creates conflicts of laws, with or without conflict of sovereignty and thus becomes necessary

private international law (Zltescu, 1997, p. 11).

Continued on this idea, Zlatescu notes that „The history of shows that law has all times yearned for the

universal law, manifested in other words an aspiration to overcome the national condition, to become a

universal phenomenon. What else but that right was Roman law, which applied to large numbers of

people not just than rationae imperii but and imperii rationis, because its valence logic and fairness”

(Zltescu, 1997, p. 11).

1

Associate Researcher, Institute of Legal Research Acad. “ Andrei Radulescu” of the Romanian Academy, Bucharest,

Romania, tel. +4.021.318.81.06, fax +4.021.318.24.53, Corresponding author: emil_ciongaru@yahoo.com

2

Novel 89 - (novela = new law) system was part of the Byzantine law given by Emperor Leon VI (+912)