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Rolul judecătorului naţional în promovarea respectării drepturilor omului în cadrul Uniunii Europene

The Role of the National Judge in Promoting Respect for Human Rights in the European Union
[journal article]

Buruiana, Ion

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Abstract The Judge plays a decisive role in promoting respect for human rights. His activity is governed by the fundamental principles of the "rule of law" concept. The principle of separation of powers is a principle that any democracy, that wants to be real, must necessarily take it into consideration and implement it. Delimitation of powers is, broadly speaking, a different jurisdiction to establish institutional authority, and to exclude other forms of mutual intrusion than those permitted by law. At European level, the criteria and conditions of the judicial domain, and the judges, receive a broader notion, more complex. The structure of today's European Union is based solely on the rules of law. Rule of law is ensured through creation of Community law that is independent and uniform for all Member States. To ensure judicial protection of individual rights conferred by Community law, transparency is indispensable to national procedural law. Therefore, the national legislation must be put in harmony with European law and the national legislator is obliged to respect the decisions of the EUCJ, which decided that, in principle, the conditions imposed by national law will not have to render virtually the rights conferred by Community law. Any judge, seized within its jurisdiction, is required to apply the provisions of Community law and protect rights which are conferred to individuals, leaving all provisions inapplicable, possibly contrary, the national law, either before or after the Community rule. European law clearly reinforces cultural and legal national judge. Community law isn’t a foreign law, it is an outside law. This law is proper to each of our States as its national law, but it also has this feature to be at the same time a common value for all.
Keywords constitutional state; European Court of Justice; human rights; separation of powers; European Law; judge; jurisdiction
Classification Law; Judiciary
Free Keywords impartiality
Document language Other language
Publication Year 2013
Page/Pages p. 44-58
Journal Studii Europene (2013) 1
ISSN 2345-1041
Status Published Version
Licence Deposit Licence - No Redistribution, No Modifications