Validation of the derived law norm in the european and international law

• Author: Alina Letia
• Position: Lawyer in Bucharest Bar Association, Romania
• Pages: 122-126

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND

INTERNATIONAL LAW

Lawyer Alina LEIA

1, PhD student

Abstract

Throughout rea lizing the study we ana lyzed the validity of the Eur opean law norm r esulting from the derived

sources of law with obligator y force (regula tions, decisions and directives) in connection with the Eur opean law norm,

the national law norm a nd the genera l pr inciples of law considering the jurisprudence of the European Court of

Justice and the supr emacy of th e Europea n Union law also over nationa l constitutions. Thus the Europea n Union

represents a new law order, having as subjects not only sta tes member, but also the na tionals of these sta tes, who

benefit of rights that can be appealed before na tional courts a gainst public organisms or other private persons a nd

obligations. Therefore, the European Court of Justice has successively imposed the direct applica bility of community

norms, continuing with the prior ity of these norms so tha t in the end the principle of the supremacy of the European

law has been adopted. The Eu ropean norm ha s to be r espected an d interpreted in a uniform manner in all states

member, considering the fact that the supremacy of the Europea n law over the na tional law is seen as a sine qua non

of the integration , but also a funda mental principle of the Union. National courts guarantee the supremacy of the

Europea n norm and its unitar y a pplication – aspects ana lyzed in this study- through the pr ocedure of preliminary

decisions.

Keywords: dir ect applica bility, p riority, suvera nity, supr emacy, Constitution, European juridical order, preliminary

decisions.

JEL Classification: K33

1. Introductory aspects

Community European law represents a living construction, in constant evolving.

Originally created by the Member States of the European Community through the adoption of

treaties, conventions, directives, regulations etc., was perfected by the jurisprudence of the Court of Justice

of the European Community (now the European Court of Justice).

The main goal that I had in making this work was to identify the rules in the event of a national

litigation when the national rule susceptible of application, be it a constitutional provision, contrary to the

European standard.

In order to achieve our goal we have analyzed the hierarchy of legal norms “involved” , the

principles underlying this classification and legal, social and institutional context.

Community law, European now, has evolved over time from a set of distinct rules to rules directly

applicable in cases Member States. The next step in the formation of the European legal system was that of

priority consecration of the European standard in relation to the national norm, and finally to rule the

European standard Principle.

2. Rule of European law and its relationship with national rule

The legal force of the European standard is consolidated differently depending on the circumstances

in which it applies according to legal rules it comes into conflict.

We can make a distinction between three categories of legal rules, each expressing its own legal

order: legal international standard, legal European standard and national legal norm.

European law rules are classified, informally, depending on their source, the primary European rules

(arising from treaties), derived binding rules (they come from regulations, decisions and directives) and the

general principles of European law (stemming from the jurisprudence of the European Court of Justice) .

In the context when the European legal rule is in conflict with the international legal norms as

reflected in international agreements concluded by the Community, assimilated by European law, then the

international legal norms have primacy over the national rule applicable in the Member States in the virtue

of their relationship with the EU and not with international law.

1 Alina Leia - Lawyer in Bucharest Bar Association, Romania, office@legalconsult.ro