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Articolul precedent |
Articolul urmator |
781 5 |
Ultima descărcare din IBN: 2024-01-26 23:54 |
SM ISO690:2012 BUIUC, Stela. Raţionamentele curții de justiţie a uniunii europene utilizate în contextul interpretării dreptului Uniunii Europene
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2013, nr. 4(30), pp. 96-107. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | |||||
Numărul 4(30) / 2013 / ISSN 1857-1999 /ISSNe 2345-1963 | |||||
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Pag. 96-107 | |||||
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Numerous studies and theoretical analysis endeavoured to identify the role of the Court of Justice of the European Union in the process of European integration, achieved by both, harmonisation of the European Union member states’ legislation, as well as by uniform application of the European Union law. In order to achieve and
to ensure a single space of the European Union law and justice, it is necessary to have the European Union law understood and applied in a uniform way in all member states. The only instrument that the European Union has at its disposal in this regard is the preliminary ruling before the Court of Justice of the European Union,
established by art. 267 of the Treaty on the Functioning of the European Union. Based on this procedure, the Court is empowered with two important functions: assessing the validity of European Union law and its interpretation. While performing its role linked to the interpretation of European Union law, the Court is often accused of judicial activism. However, the features of the European Union law have a primary impact on the method of interpretation. Thus, as long as the member states have decided themselves upon the flexible character of the European Union rules, one cannot argue if it would be correct to accuse the Court for its pro-integration approach while interpreting the European Union law. Without undertaking a detailed analysis of the methods of interpretation, the study is aiming at identifying certain types of reasoning based on which the Court of Justice is interpreting European Union law. The
indentified list does not aspire to be an exhaustive one, but it does take into account the Court's practice of drawing up the reasoning for interpretation. In other to place the reasoning of the Court into the right context, it will also be analysed the concept of legal reasoning, interpretation, as well as the legal interaction between the reasoning and interpretation.
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Cuvinte-cheie Curtea de Justiție a Uniunii Europene, Activism judiciar, Interpretarea dreptului Uniunii Europene, Procedură preliminară, Raționament juridic. |
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