Editura Universitara European Union law. Jurisprudence and Legislation

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35,00 Lei 25,55 Lei

ISBN: 978-606-591-340-0

DOI: 10.5682/9786065913400

Publisher year: 2012

Edition: II

Pages: 253

Publisher: Universitară

Author: Daniel-Mihail Sandru

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This university course, grafted on previously published doctoral research, captures part of the evolution and topicality of European Union law. We have tried to systematize the main institutions and concepts of Union law, in particular we have emphasized the role of the Court of Justice of the European Union by referring to the relevant jurisprudence. We have used a small part of the bibliography dedicated to Union law, trying to elaborate a minimal introduction in this field.


The bibliographic list contains papers that should be consulted as working tools in the field and that should be considered in any scientific research paper.

The year 2011 represented for the European Union law the second year since the entry into force of the Lisbon Treaty, but also the moment when the recent document proved its limits to the economic evolutions (economic and financial crisis), but also political ones. The European Council meetings at the end of 2011 were marked by discussions on the "constitutional" reform of the European Union, by amending the Treaty of Lisbon. And this in a context in which in 2010 it was sometimes claimed that the treaty was concluded in order to remain unchanged (in essence) in a longer time horizon.
  • Dreptul Uniunii Europene. Jurisprudenta si legislatie

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Daniel-Mihail Sandru
University professor at the University of Bucharest, "Dimitrie Cantemir" Christian University. He founded and coordinates the Center for European Law Studies of the Institute for Legal Research "Acad. Andrei Radulescu ”of the Romanian Academy. Ad hoc judge at the European Court of Human Rights and arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry. President of the Society of Legal Sciences and of the Romanian Association of European Law and Affairs. Editor-in-Chief of the Romanian Journal of European Law (Wolters Kluwer).

CONTENT

List of main abbreviations / 9

CHAPTER I. INTRODUCTION TO EUROPEAN UNION LAW / 11

Section 1. Peculiarities of European Union law / 11
Section 2. Legal order of the European Union / 25
Section 3. Legal nature of the European Union / 26
Section 4. European citizenship / 30

CHAPTER II. SOURCES OF EUROPEAN UNION LAW / 32
Section 1. Sources and acquis / 32
Section 2. Primary legislation / 33
Section 3. Secondary legislation / 35
Section 4. Categories of legal acts / 42
Section 5. Ordinary legislative procedure / 43
Section 6. Delegated acts (to the Commission) / 44
Section 7. Execution acts / 44
Section 8. Procedures for adopting acts. Legislation / 45
Section 9. Interinstitutional agreements / 47
Section 10. Choice of legal basis / 47
Section 11. Publication of normative acts in the Official Journal / 47
Section 12. Enforcement according to the procedural autonomy of the Member States / 49

CHAPTER III. COMPETENCES OF THE EUROPEAN UNION / 50
Section 1. Legal theories on EU / 50 competences
Section 2. Importance of EU / 51 competences
Section 3. EU competences analysis / 53

CHAPTER IV. EUROPEAN LEGAL SYSTEM OF INTEGRATION / 62
Section 1. Types of integration systems / 62
Section 2. Inter-state cooperation / 63
Section 3. Free Trade Area / 63
Section 4. Customs Union / 64
Section 5. Common market / 64

CHAPTER V. THE INSTITUTIONAL SYSTEM OF THE EUROPEAN UNION / 65
Section 1. European Parliament / 65
Section 2. European Council / 70
Section 3. Council / 72
Section 3. European Commission / 74
Section 4. Court of Auditors / 75
Section 5. European Central Bank / 75
Section 6. The European Ombudsman / 76
Section 7. Agencies of the European Union / 76

CHAPTER VI. EUROPEAN UNION AND OTHER INTERNATIONAL ORGANIZATIONS: RELATIONS WITH THE WORLD TRADE ORGANIZATION / 80
Section 1. Establishment of international economic relations by the European Communities / 80
Section 2. Institutional relationship between the EU and European organizations / 82
Section 3. Institutional relationship between the EU and non-European regional organizations / 87
Section 4. Institutional relationship between the EU and world organizations / 92
Section 5. Impact of the integration process on legal relations between the European Union and some developed countries / 99
Section 6. Jurisdictional impact of European integration in relations with the World Trade Organization / 105

CHAPTER VII. INTERNAL MARKET OF THE EUROPEAN UNION / 123
Section 1. The notion of internal market / 123
Section 2. Free movement of goods / 125
Section 3. Free movement of persons / 140
Section 4. Free movement of services / 142
Section 5. Free movement of capital / 143

CHAPTER VIII. NOTIONS ON EU COMPETITION LAW / 151
Section 1. The legal basis of competition in the European Union / 151
Section 2. Impact of competition law on the legal order in the Member States / 153

CHAPTER IX. NOTIONS REGARDING EUROPEAN CORPORATE LAW / 159
Section 1. Stages of harmonization of company law / 159
Section 2. Freedom of establishment in matters of companies / 161
Section 3. Company regulations / 162
Section 4. Simplifying the business environment in the field of companies. Commission Communication of 2007/162

CHAPTER X. NOTIONS ON CONTRACT LAW IN THE EUROPEAN UNION / 166
Section 1. Regulation of contracts in the European Union / 166
Section 2. Legal basis of the regulation / 171

Annex no. 1. CELEX number / 175

Annex no. 2. Chronology of the European Union / 177

Annex no. 3. Methodology on the sources of European Union law on the Internet / 182

Annex no. 4. Declaration of 9 May 1950/188

Annex no. 5 Case C-33/07, Jipa / 191

I. / Citizenship of the Union Article 18 EC Directive 2004/38 / EC Right of citizens of the Union and members of their families to move and reside freely within the territory of the Member States (ECJ, First Chamber, Judgment of 10 July 2008, Case C-33/07 , Ministry of Administration and Interior - General Directorate of Passports Bucharest / Gheorghe Jipa, Rec. 2008 p. I-5157). / 191
II. / Opinion of Advocate General Mazák delivered on 14 February 2008, Case C-33/07, not published in the ECR / 199
III. / Dambovita Tribunal Civil Section, Civil sentence no. 1241. Meeting / public of July 23, 2008, unpublished. / 214
Annex 6. Case Kücükdeveci, C-555/07, not published in the ECR / 218
Annex 7. CJEU, C-301/06, Ireland v Parliament and Council, Rec. 2009 pp. I-593/233

SELECTIVE BIBLIOGRAPHY / 252

This university course, grafted on previously published doctoral research, captures part of the evolution and topicality of European Union law. We have tried to systematize the main institutions and concepts of Union law, in particular we have emphasized the role of the Court of Justice of the European Union by referring to the relevant jurisprudence. We have used a small part of the bibliography dedicated to Union law, trying to elaborate a minimal introduction in this field.


The bibliographic list contains papers that should be consulted as working tools in the field and that should be considered in any scientific research paper.

The year 2011 represented for the European Union law the second year since the entry into force of the Lisbon Treaty, but also the moment when the recent document proved its limits to the economic evolutions (economic and financial crisis), but also political ones. The European Council meetings at the end of 2011 were marked by discussions on the "constitutional" reform of the European Union, by amending the Treaty of Lisbon. And this in a context in which in 2010 it was sometimes claimed that the treaty was concluded in order to remain unchanged (in essence) in a longer time horizon.

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