The Perspectives of Applying the European Union Norms in the Constitutional Jurisprudence of the Republic of Moldova
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ZAPOROJAN, Veaceslav, ZAPOROJAN, Corina. The Perspectives of Applying the European Union Norms in the Constitutional Jurisprudence of the Republic of Moldova. In: International Applied Social Sciences Congress: C-IASOS – 2023, Ed. 7, 13-15 noiembrie 2023, Valletta. Ankara: Economics and Financial Research Association, 2023, Ediţia 7, pp. 665-674. ISBN 978-625-94328-0-9.
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International Applied Social Sciences Congress
Ediţia 7, 2023
Congresul "VII. International Applied Social Sciences Congress"
7, Valletta, Malta, 13-15 noiembrie 2023

The Perspectives of Applying the European Union Norms in the Constitutional Jurisprudence of the Republic of Moldova

JEL: K10

Pag. 665-674

Zaporojan Veaceslav1, Zaporojan Corina2
 
1 Academy of Economic Studies of Moldova,
2 Moldova State University
 
 
Disponibil în IBN: 7 mai 2024


Rezumat

Introduction: The Constitutional Court of the Republic of Moldova in its jurisprudence applied both the jurisprudence of the European Court of Human Rights and the jurisprudence of the Court of Justice of the European Union. The process of accession to the European Union imposes new standards, aimed at the even more rigid harmonization of national legislation with the legislation of the European Union. EU law represents a primary right for the member states, which needs to be applied both by the national legislative and executive authorities, as well as by the judicial authorities. The application of a rule of European Union law in the interpretation not only of the EU authorities, but also of the Court of Justice of the European Union to the constitutionality control procedure imposes new tasks on the court of constitutional jurisdiction.The new tasks establish procedures for the interpretation and application of EU legislation in the sense of not creating contradictions between the national constitution and EU norms following the example of constitutional justice in Poland and the Czech Republic. The jurisprudence of the Court of Justice of the European Union established that the EU values established by art. 2 of the TEU are binding not only for the EU institutions, but also for the member states, where the basic role rests with the Courts of constitutional jurisdiction. Aim: The aim of this study is to reach empirical evidence on the link between political and constitutional stability, within the EU accession procedure to the developing countries. Method: In order to study the subject addressed in this article, the following research methods were used: constitutional comparison, comparative constitutional analysis, methodological challenge’s opinion poll, analysis, synthesis, induction, deduction, comparison, etc. Findings: The accession process of the RM to the EU is a complex one from a legal point of view, and the public authorities, especially the Parliament, have the authority, the possibility and the obligation to take into account some of the observations mentioned in this research regarding the constitutional framework when revising the Constitution of the RM because the accession of the RM to the EU without the revision of the Constitution and a referendum is impossible. Originality and value: The study carried out reflects the procedures of the common law jurisdiction and the constitutional one exercised for the harmonization of the legislation of the Republic of Moldova with the Acquis of the European Union as a candidate country for accession to the European Union.

Cuvinte-cheie
constitution, Constitutional Court, Constitutional Jurisprudence, EU Legislation, constituționalism, national constitution