Considerations regarding the relationship between the right of the European Union and the Romanian juridical order

Abstract

The European right represents the set of juridical norms that may be enforced in the European juridical order and, according to an interpretation of the Court of Justice within the European Communities' Union, the current Court of Justice of the European Union, it constitutes “an own juridical order that is integrated into the juridical system of the member states”. As for the content of the European right, it has the character of a juridical order, namely it represents an organised and structured series of juridical norms having its own sources, endowed with bodies and procedures able to issue them, to interpret them as well as to find and sanction the possible violations. Making reference to the internal juridical order of the member states, the European right is an autonomous and original juridical order that involves the following aspects: the autonomy of the European right's sources, the autonomy of the European right's notions that do not depend on the qualifications acknowledged by the national right, the autonomy of the European norms that cannot be deprived of efficacy (of the useful effect) by the internal right rules of the member states. Several criteria to classify the European juridical norms have been expressed in the doctrine whereas the juridical force criterion had the largest support. Thus, according to its sources, the European right can be divided into the original or primary right5 and the derived or secondary right.