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Legal Effect and Supremacy of the European Union Law


Author: Eugeniu Osmochescu
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2005
Scientific adviser: Victoria Arhiliuc
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 15 January, 2005
Approved by NCAA on the 21 April, 2005

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Keywords

European integration, European Community, European Union, community institutions, community law, European Union Law, direct effect, indirect effect, direct horizontal effect, vertical direct effect, supremacy of community law, European Union accession, institutional accession framework, acquis communautaire, Partnership and Cooperation Agreement

Summary

The work is dedicated to one of the most complex issues that the European continent faces – creation of European Communities, which grew in a European Union, involving the majority of the countries.

Taking the above into consideration the thesis makes the analysis of the transition from a purely economic integration to a political one, including common monetary policy, and military policy. Yet, even from the beginning of the integration process there where different opinions and theories on the issue. Federalists, functionalists, and neo-functionalists proposed different approaches for common efforts.

One of the major feature of the European Union Law is the delegation of sovereign powers by Member States to community institutions, thus EU getting a more federalist character. However one of the basic principles of the European Union Law is subsidiary.

Another principle which governs the European Union Law is that of effect direct, the doctrine being developed primarily by the European Court of Justice, which assumed, by interpreting the Treaties, the legislative powers.

Based on the direct effect principle, the European Court of Justice has developed the doctrine of supremacy of the European Union Law over the national legislation of the Member States. An important role in this regard is being played by the Commission, named the “motor of integration” and “Treaty guardian”. Premises for the supremacy of the European Union Law have been identified as legal and institutional.

Certainly that Member States’ position regarding the limitation of sovereign powers, direct effect, and supremacy of the European Union Law was reserved; fact based on general rules of Public International Law, when the state decides on the necessary measures to be undertaken for the implementation of an international norm.

The ambition of the Republic of Moldova to integrate into the European Union has been clearly set as a fundamental objective of its foreign policy, thus necessary measures are being undertaken.

Despite the above mentioned there is need for institutional and legal improvement, so that exigencies of acquis communautaire are being met in Moldova.

Based on the made analysis recommendations have been endorsed for necessary measures to be undertaken at the level of foreign policy, national policy, as well as jointly in cases having a dual character.