The Principle of Priority of the European Union's law. Legal Consequences

• Author: Marius Andreescu - Andra Puran
• Position: Curtea de Apel Pitesti, Facultatea de Drept si stiinte Administrative, Universitatea din Pitesti - Facultatea de Drept si stiinte Administrative, Universitatea din Pitesti
• Pages: 5-11

Law, Society & Organisations

Volume I, Issue 1 (1) / 2016

5

Marius ANDREESCU

Curtea de Apel Piteşti, Facultatea de Drept şi Ştiine Administrative, Universitatea din Pitești

Andra PURAN

Facultatea de Drept şi Ştiine Administrative, Universitatea din Pitești

THE PRINCIPLE OF PRIORITY OF THE

EUROPEAN UNION’S LAW. LEGAL

CONSEQUENCES

K

eywords

The principle of priority of the European Union law,

National law,

European Union law,

National judge,

Rule for the procedural autonomy

Abstract

For the national courts of law the aspects coming out from the principle of priority of the European Union

law compared with the national law, are extremely important because the national judge will be many

times in the position of deciding if he has to apply a community norm, and if yes, which is the procedure to

follow.

In this study we analyze some of the important aspects such as the contents of the principle of

priority in European Union law compared with the national law, but also particular aspects, such as the

relationship regarding the community law norms on one side, and the norms regarding the constitutions of

the member states, on the other side.

The obligation of the law courts to interpret the internal law in compliance with the European

Union law results from the jurisprudence of the European Court of Justice. In this study the main aspects

of this obligation are shown and also the rule for the procedural autonomy, acknowledged by the national

judge that is applying the community law norms with the purpose to ensure the efficiency of these

dispositions.