Iurisdictio Mechanism in Terms of the European Judge Activity Within the Preliminary Ruling Procedure

• Author: Dan Cimpoeru
• Position: Associate Professor, PhD, Faculty of Business and Administration, University of Bucharest
• Pages: 67-72

JURIDICA

67

Iurisdictio Mechanism in Terms of

the European Judge Activity Within the

Preliminary Ruling Procedure

Dan CIMPOERU

1

Abstract: The Court of Justice of the European Union, alongside national courts, provides not only a

consistent and uniform application of European la w but, Apparently paradoxical, from a certain

perspective, creates new rules of law. Of course, at first glance, our a ssumption may seem

hazardously, and in any case not in accordance the "classic" conception that the judge is only meant

to apply a law t o a particular case, issuing rules of law shall be the competence of the legal bodies of

states. In these circumstances, we considered it useful to examine a n ancient Roman law concept -

iurisdictio - and show that it is still current. Usually, whe n the magistrate "speaks right", the solution

which will be given will be implicitly included in the rule indicated (which is pre-existing) because

the judge is only to find, after the debates a nd on the evidence, whether the r ule of law is not

applicable or practical case to be decided. H owever, this study also addresses the way in which

iurisdictio operates in terms of the European judge activity within the preliminary ruling procedure.

Keywords: iurisdictio, European Union law, the Court of Justice of the European Union, preliminary

rulings, jurisdictional activity

1. Introduction

An important role in the current development of European law for the Court of

Justice of the European Union. This court, alongside national courts, provides not

only a consistent and uniform application of European law but, Apparently

paradoxical, from a certain perspectivecreates new rules of law. Of course, at first

glance, our assumption may seem hazardously, and in any case not in accordance

the "classic" conception that the judge is only meant to apply a law to a particular

case, issuing rules of law shall be the competence of the legal bodies of states.

In a very recent study on the methods and functions of comparative law (Sinani,

Shanto, 2013, p 32), invoking a Roman aphorism - jus dicere, non jus dare - it is

1

Associate Professor, PhD, Faculty of Business and Administration, University of Bucharest.

Address: Bucharest, Sector 4, 10 Constantin Boşianu Street, ap. 2, Romania. Tel.: +40.722.272911.

Corresponding author: dcimpoeru@gmail. com.

AUDJ, vol. 9, no. 3/2013, pp. 67-72