Romania`s role as a member of the european union in the implementation of european law

• Author: Laura Dumitrana Bosca Rath
• Position: Teaching Assistant AGORA University Law and Economics Faculty
• Pages: 69-72

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ROMANIA`S ROLE AS A MEMBER OF THE EUROPEAN UNION IN

THE IMPLEMENTATION OF EUROPEAN LAW

Rath-Boşca Laura-Dumitrana

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Abstract

Romania's Accession Treaty to the European Union is the fundamental act that lines

up the Romanian state with other states of the European Union, because it adds to the

existing EU treaties, making up with them the primary European law. Effects of the Treaty

have been numerous, because it determines which rules will be applied to Romania, but the

most important effects of accession are the affection of its sovereignty, as the transfer of

certain attributes of sovereignty to European institutions, and it is making this issue of

principle of primacy of community law to the national law, in the case when, following

accession, on state’s territory two legal systems coexist - the European and national.

Key words: principle of primacy, authority of case law, prejudicial matter

Introduction

„The essence of the principle of primacy of European law to the national is that

where there is a discrepancy between the two, the national court is obliged to implement

European law. The principle includes the prohibition for Member States to create a law

contrary to European law or adopt legislation in areas which are strictly reserved for it.”

According to the constituent treaties of the European Union, Member States give to the

European Union the powers necessary to achieve its common objectives.

Law, adopted by the EU institutions, takes precedence over the law of Member States,

the latter being required to take any measure necessary to ensure enforcement of the

obligations arising from treaties, and they would refrain from any action that would

jeopardize the objectives of the Union.

This principle has been judicially held over several years, during which the Court of

Justice of European Communities (now, the Court of Justice of the European Union), has

faced a series of requests made by the courts of the Member States, which demanded the

interpretation of Community rules conflicting with national rules. The first formulation of the

primacy of Community law was made in the decision Costa v ENEL in 1964, followed by

other decisions in other cases (there are cases in which the Court of Justice held that

Community law prevails even against the rules of constitutional law). In the Treaty of Lisbon,

Declaration no. 17 concerning the primacy of Community law, it is stated that, in accordance

with existing precedents of the Court of Justice of the European Communities, treaties and

laws, adopted by the Union, take precedence over the law of the Member States.

According to art. 10 TEC, „Member States shall take proper measures, whether general

or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting

from actions that are taken b y the institutions of the Community. They shall ease the

achievement of the Community’s tasks. They shall abstain from an y measure which could

jeopardize the attainment of the objectives of this Treaty.”

The role of Member States in carrying out Community law is reflected in three

principles:

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Teaching Assistant AGORA University Law and Economics Faculty

dumitra1970@yahoo.com

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Ovidiu Ţinca, „General Community Law”, Lumina Lex Publishing, Bucureşti 2 005.