COURT OF JUSTICE OF THE EUROPEAN UNION - GUARANTOR OF UNIFORM APPLICATION OF EU LAW

CONTENT

PREFACE / 7

INTRODUCTION / 10

CHAPTER 1
THE ROLE AND PERSPECTIVES OF THE EUROPEAN COURT OF JUSTICE IN THE OPINION OF SCIENTIFIC RESEARCH / 19
1.1. Theoretical and practical problems in the activity of the European Court of Justice In specialized publications / 19
1.2. Normative considerations regarding the Court of Justice of the European Union / 48
1.3. Conclusions on Chapter 1/57

CHAPTER 2
ORGANIZATION AND FUNCTIONING OF THE COURT OF JUSTICE OF THE EUROPEAN UNION BY THE PRISM OF THE TRANSFER OF SOVEREIGNTY FROM THE MEMBER STATES / 60
2.1. Establishment and evolution of the Court of Justice of the European Union / 60
2.2. The role of the Court of Justice of the European Union In the new constitutional legal order from the perspective of state sovereignty 72 2.2.1. The specificity of the constitutional legal order of the European Union / 72
2.2.2. The role of the Court of Justice of the European Union in relation to the Constitutional Court of the Member States / 85
2.2.3. The Court 's contribution to strengthening the principles of Union law / 90
2.3. Court of Justice of the European Union: structure, bodies and status of members / 115
2.4. Functioning of the Court of Justice of the European Union / 131
2.5. Conclusions on Chapter 2/142

CHAPTER 3
CONNECTION OF THE JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION WITH THE JURISDICTION OF THE AUTHORITIES IN THE JURISDICTIONAL SYSTEMS OF THE MEMBER STATES / 144
3.1. Jurisdiction conferred on the Court of Justice of the European Union / 144
3.2. Correspondence between the Court of Justice of the European Union and the Member States of the European Union / 166
3.3. Conclusions on Chapter 3/182

CHAPTER 4
TYPES OF ACTION BROUGHT AGAINST THE MEMBER STATES OF THE EUROPEAN UNION AND THEIR IMPACT ON THE SOVEREIGNTY OF THE MEMBER STATES / 184
4.1. Actions against Member States for failure to fulfill their obligations under European Union law / 184
4.1.1. Action brought against the Member States of the Union by the Commission / 187
4.1.2. Action brought against the Member States of the Union
4.2. Effects of judgments on the Member States of the European Union / 210
4.3. Examples from the case law of the Court of Justice of actions brought against Member States for failure to comply with their obligations under European Union law / 215
4.4. Conclusions on Chapter 4/232

GENERAL CONCLUSIONS AND RECOMMENDATIONS / 235

BIBLIOGRAPHY / 241

The paper "Court of Justice of the European Union - guarantor of the uniform application of European Union law" prepared by Ana Daniela Bobaru is of particular interest to many categories of specialists - lawyers, philosophers, economists, students, masters, PhD students, NGOs, etc. - but especially for the general public, eager more and more to penetrate the explanation of law.

The purpose of this paper is to analyze the concepts, hypotheses and doctrinal statements on how the Court of Justice of the European Union guarantees the uniform application of European law in all Member States, including for states that are in the process of accession or intend to join the European Union,

The scientific novelty and originality is materialized by highlighting the role of the European Court of Justice in resolving disputes between the governments of the member states and the European institutions, having the role of guarantor of respect and interpretation of European law, as well as the correct application of EU treaties.

A real contribution brings this work both in the deeper knowledge of the role of the Court of Justice in ensuring the uniform application of European Union law for Romania and the Republic of Moldova, as well as of the current legislative framework underlying the activity of the European Union judiciary.

Doctrinally - theoretically, the paper argues from a scientific point of view the importance of the Court of Justice in the constitutional legal order of the European Union from the perspective of the transfer of state sovereignty, the principles of law enshrined in the jurisprudence of the Court of Justice. the powers conferred on the Court for the uniform application of European Union law. The author aims her work to become a contribution to the doctrine of European law and constitutional law, presenting importance both for researchers in the Republic of Moldova and for those in Romania.

In the normative-legislative plan, the current situation of the provisions of the Lisbon Reform Treaty is analyzed and recommendations have been proposed for the Republic of Moldova in order to correlate its legislation with that of the European Union and to improve the activity of the EU Court of Justice. The role of judges in the process of applying EU law was highlighted, starting from the fact that their presence in a body of the European Union guarantees the assurance of the national interest by pronouncing sovereign decisions. A critical analysis of some cases encountered in the practice of the Court of Justice of the European Union was also made in order to clarify not only from a theoretical point of view the issues subject to research but also from a practical - applied point of view.

In the process of integrating European Union law into the legal order of the Member States, the Court of Justice is the competent institution. In this sense, it represents the only authority that, through a jurisprudence, has enshrined the founding principles of European law as well as their integration, through EU norms, in the internal law of the states. As the procedural rules differ from one state to another, it is obvious that the application of the principles of European Union law differs, in terms of the procedural means used, from one state to another. In this context, the Luxembourg Court understood to give principle value to these differences, consecrating the procedural autonomy of the national courts through its jurisprudence.

The author's way of presenting and looking at the aspects regarding the role and importance of the EU Court of Justice gives value to the research undertaken, by valuing a wide range of aspects in the presentation of her scientific approach.

The paper concludes by synthesizing the conclusions reached by the author, conclusions subsumed to the main legal and philosophical framework, in the context of analyzing the legal values ​​of the EU Court of Justice by highlighting a wide range of theoretical and practical aspects in presenting his scientific research.

Assoc. Dr. Mircea Tutunaru