International rule of law, european rule of law and their influences on national legislations

• Author: Alexandru Florin Magureanu
• Position: Asistent professor, PHD candidate, University Spiru Haret, Faculty of Law and Administrative Sciences, Brasov
• Pages: 206-213

INTERNATIONAL RULE OF LAW, EUROPEAN RULE OF LAW AND

THEIR INFLUENCES ON NATIONAL LEGISLATIONS

Măgureanu Alexandru Florin

∗

∗∗

∗

Abstract

International law gains a growing importance for any national legislation. Far from

being only scattered rules of law, we can talk, at this moment, of an international law system,

which though has its limitations, yet succeeds to set up a precise framework on the national

legislations, especially in areas such as environmental law, criminal law and human rights..

Key words: International law, international criminal law, environmental law, human

rights, European law, juridical culture

Introduction

In the nearly 3300 years of attested international relationships

1

, the international rules

of law have dramatically changed their role and importance. The signing of international

treaties with judicial value has become a regular procedure, necessary for any national state.

As a result of the development of the international relations, there has been an unprecedented

development of the international law. This evolution has not yet reached, so far, the final step,

because of the lack of an entity, with supreme international judicial power, the step of

constructing a global government that can ensure unity, coherence and the compulsory force of

the international rules of law. Nevertheless, the international law strongly influences the

national legislations, reaching in some cases, the point where it is recognized as being

superior, event against constitutional rules.

International law offers a framework in which the relationships between national states

take place. The international framework, meaning the international situation of a country, its

relations with the neighbors, with the regional or international communities, have a strong

influence over the law, as there is a tendency to harmonize national regulations with

international ones, with the signed treaties and conventions and even in unifying law, in some

areas

2

. According to the dualist point of view, each state is sovereign in its own judicial order,

and there cannot be any control on the acts issued by its empowered organisms. In order for an

international treaty to become applicable in an intern legal order, there must be a special

procedure of inserting that international rule of law. The monist position tries to accomplish a

unity between international and national law, by admitting the priority of the national law

against international law, or by subordinating the national law

3

. According to an oppinion

4

,

there are certain situations of interpenetration between national law and international law.

There is such a penetration of national law in international law, due to the fact that national law

establishes the organism that is competent to sign international treaties. There can be also a

reverse situation, for example in the case of applying international rules of law, directly to the

citizens of a state, in the case of the international rules connected with the human rights. We

∗

Asistent professor, PHD candidate, University Spiru Haret, Faculty of Law and Administrative Sciences,

Braşov, magureanu_alexandru_1982@yahoo.com

1

First attested treaty in human history, dates from 1258 B.C., when the egiptian pharaon Ramses II signed a

peace treaty with the hititte king Hattusili III.

2

Romul P. Vonica, Introducere generală în drept, Lumina Lex Publishing House, Bucharest, 2000, p. 30.

3

Sofia Popescu, Teoria generală a dreptului, Lumina Lex Publishing Ho use, Bucharest, 2000, p. 175.

4

Ibidem, pp. 175, 176.