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Editura Universitara European Union law

72,25 Lei

ISBN: 978-973-749-987-5

Publisher year: 2011

Edition: I

Pages: 271

Publisher: Editura Universitara

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 European Court of Justice 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.
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. Particularities of the development of the European Union / 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 / 42
Section 6. Delegated acts (to the Commission) / 42
Section 7. Execution acts / 43
Section 8. / Procedures for adopting acts / 43
Section 9. / Interinstitutional agreements / 45
Section 10. Choice of legal basis / 46
Section 11. Publication of normative acts in the Official Journal / 46
Section 12. Enforcement according to the procedural autonomy of the Member States / 48

Chapter III. COMPETENCES OF THE EUROPEAN UNION / 49
Section 1. Legal theories on EU competences / 49
Section 2. Importance of EU / 50 competences
Section 3. EU competences analysis / 52

Chapter IV. EUROPEAN LEGAL SYSTEM OF INTEGRATION / 61
Section 1. Types of integration systems / 61
Section 2. Inter-state cooperation / 62
Section 3. Free trade area / 62
Section 4. Customs Union / 63
Section 5. Common market / 63

Chapter V. THE INSTITUTIONAL SYSTEM OF THE EUROPEAN UNION / 64
Section 1. / European Parliament / 64
Section 2. Council of the European Union (by Ministers) / 69
Section 3. European Commission / 71
Section 4. European Court of Auditors / 72
Section 5. The European Ombudsman / 74
Section 6. Organization and functioning of jurisdictional institutions / 76

Chapter VI. PRELIMINARY SENDING PROCEDURE / 82
Section 1. Substantiation of the relations between the Court of Justice of the European Union and the national courts / 82
Section 2. Preliminary questions sent by the courts from which they were finalized / 90

Chapter VII. EUROPEAN UNION AND OTHER INTERNATIONAL ORGANIZATIONS: RELATIONS WITH THE WORLD TRADE ORGANIZATION / 104
Section 1. Establishment of international economic relations by the European Union / 104
Section 2. Institutional relationship between the EU and European organizations / 107
Section 3. Institutional relationship between the EU and non-European regional organizations / 111
Section 4. Institutional relationship between the EU and world organizations / 116
Section 5. Impact of the integration process on legal relations between the European Union and some developed countries (USA, China, Russia, Japan) / 124
Section 6. Jurisdictional impact of European integration in relations with the World Trade Organization / 130

Chapter VIII. INTERNAL MARKET OF THE COMMUNITIES / EUROPEAN UNION / 148
Section 1. The notion of “internal market” / 148
Section 2. Domain of free movement of goods / 150
Section 3. The field of free movement of persons / 164
Section 4. The field of free movement of services / 167
Section 5. The field of free movement of capital / 168

Chapter IX. NOTIONS ON EU COMPETITION LAW / 173
Section 1. The legal basis of competition in the European Union / 173
Section 2. Impact of competition law on the legal order in the Member States / 175

Chapter X. NOTIONS REGARDING EUROPEAN CORPORATE LAW / 179
Section 1. Stages of harmonization of company law / 179
Section 2. Freedom of establishment in matters of companies / 181
Section 3. / Regulations on companies / 182
Section 4. Simplifying the business environment in the field of companies. Commission communication of 2007/183

Chapter XI. NOTIONS REGARDING EUROPEAN CONTRACT LAW / 187
Section 1. The field of European contracts / 187
Section 2. Legal basis of the regulation / 191
Annex no. 1. CELEX number / 194
Annex no. 2. Chronology of the European Union / 196
Annex no. 3. Methodology on the sources of European Union law on the Internet / 201
Annex no. 4. Declaration of 9 May 1950/207
Annex no. 5Cause C ‑ 33/07, Jipa / 210
 Citizenship of the Union - Article 18 EC - Directive 2004/38 / EC - Right to move and reside freely within the territory of the Member States of citizens of the Union and members of their families (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). / 210
Opinion of Mr Advocate General Mazák delivered on 14 February 2008, Case C ‑ 33/07, unpublished in collection / 218
Dambovita Tribunal - Civil Section, Civil Sentence no. 1241. Public meeting of July 23, 2008, unpublished. / 232

Annex no. 6. / Case Kücükdeveci, C ‑ 555/07, unpublished in collection / 236
Annex no. 7. / CJEU, C ‑ 301/06, Ireland / Parliament and Council, Rec. 2009 pp. I ‑ 593/251

Select bibliographyva / 270

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 European Court of Justice 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.

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