The impact of the community law over the national penal law - Sovereignity vs. Integration. Cooperation or unification?

• Author: Mirisan Ligia - Valentina
• Position: Faculty of Law, Private Law Department, University of Oradea, Oradea, Romania
• Pages: 94-101

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 94-101

94

THE IMPACT OF THE COMMUNITY LAW OVER THE NATIONAL

PENAL LAW - SOVEREIGNITY VS. INTEGRATION.

COOPERATION OR UNIFICATION?

L. V. Mirian

Ligia – Valentina Mirian

Faculty of Law, Private Law Department,

University of Oradea, Oradea, Romania

*Correspondence: Ligia – Valentina Mirian, University of Oradea, Faculty of Law, 26

General Magheru st., Oradea, Romania

E-mail: ligiamirisan@yahoo.com/

law@uoradea.ro

Abstract

For the last five years the scientific debate concerning the direct relation between the

community law and the national penal law was revived not only due to the intervention of the

great masters in the community penal law but also due to some popular penal law authors,

especially young ones, who continued to exploit the classical categories in the light of a

strong sensitiveness of these categories towards the new juridical realities. The issue of the

community juridical instruments’ influence over the national penal law is a difficult one to

resolve even as we speak for the penal law being so tightly linked to the state sovereignty.

Still, at European level there are a whole series of unification tendencies to be seen even in

the field of the penal law.

Key words: Sovereignty, Community Law, Union Penal Law, European Union,

Cooperation, Unification, Euro-offences.

Introduction

After several trials and projects rooted in the old European history, the old continent

succeeded around the 50’s in finding the necessary strength for the idea of unity to lead to the

creation of the European Community. With the passing of time great figures of those days

driven by the ideal of a united Europe managed, after the European Council was established,

which was a determinant factor in the future community construction, to adopt a series of

constitutive treaties and other programmatic documents which finally led to the birth of the

European Union as we know it, perhaps a little shyer but with the high aspirations of a great

actor on the international scene.

After the expected failure of the so called federalist project concerning the

establishment of a Constitution for Europe, the end of the year 2007 brings about the signing

of the Reform Treaty, better known as the Lisbon Treaty, which, although built on the old but

improved skeleton of the project instituting a Constitution for Europe, but without the

“fearful” title of constitution – entering into force on the 1

st

of December 2009.

The speed at which the European Union has evolved during the last twenty years is

amazing, both in what the “expansion towards new geographic areas is concerned, and the

increasing of the integrationist level”

1

Having on its side a state-of-the-art institutional background with seven Union

institutions (The European Parliament, the European Commission, the Council, the Court of

1

E. Dragomir, D. Ni , Tratatul de la Lisabona – intrat în vigoare la 1 decembrie 2009/ The Lisbon Treaty –

entering into force on the 1

st

of December 2009/, “Nomina Lex” Publishing House, p. 21.