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The co-report between Common Law and Community Law in the accession of Romania and Moldavian Republic to European Union


Author: Gruia George
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2010
Scientific adviser: Boris Negru
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University
Scientific council: DH 30-12.00.03-27.03.08
Moldova State University

Status

The thesis was presented on the 5 February, 2010
Approved by NCAA on the 3 June, 2010

Abstract

Adobe PDF document0.29 Mb / in romanian

Keywords

implementation of law, Common law, Community law, the application of law, law, legality, respect for the law, principles of law, social norms, and the rule of law

Summary

Thesis structure is the following: introduction, 4 chapters, and bibliography with 377 assignments, 2 appendices and 130 underlying pages.

The number of publications on the topic of the thesis. The acquired results are published in 11 scientific works.

The purpose and objectives of this thesis it is the need to identify the existing relationship between Common and Community law in the light of decisions of legislative influence on the development of legal system in two states. The scientific novelty of the work is the contribution to the achievement of this complex study in Romania and Moldavian Republic on the process of harmonizing national legislation with the acquis communautaire, as inseparable and indispensable elements of legal order, their role in building the rule of law. The meaning and purpose of proposed theoretical approaches the author took aimed to form a unitary conception of the national system reported to the Community legal system. In the research and dimensional analysis of the subject: Common -Community law, tried to make a clear distinction between these two phenomena, not only does not contradict, but complement, being in a relationship of dependency.

The applied value of the thesis consists in the circumstance that it was chosen to research the general problems of law and law in terms of theory and practice to reflect the relationship between theory and practice and the transition from theoretical data – scientific to practical problems. The present paper is the first attempt to submit a relevant analysis in Romania and Moldavian Republic with methodological -analytical expectations, praxeological, pragmatic, taking account of social determinism, to build a general theory of the essential link between Common and Community law.