Acta Universitatis Danubius. Administratio, Vol 9, No 1 (2017)

The Legal Order of the European Community - A New Legal Typology

Georgeta Modiga, Andreea Miclea


In order to fit the new European legal order on the legal map of the world, we intend to focus on the legal order of the European Union. The paper seeks to answer the questions: is the law of the European Union a new type of law with specific qualitative determinations?, can it be about integration into a supra-national legal order?, how can the national values be interwoven with those of the European Union? We are witnessing great challenges in the European Union - we are talking about integrating into a supra-national legal order, about joining supranational interests. Although it is based on international treaties, the Community legal order has characteristics that are fundamentally different from the international legal order. In this paper we have analyzed how the relations of the Community law interact with the national law. These do not reduce to a single model, but we can distinguish several situations depending on the role assigned to the Community provisions and the consequences on the existence of the content of national law. We appreciate that only insofar as the European Union is founded on an autonomous legal will and on common legal principles and values, both for individuals and for nations, the “unity in diversity” is possible.


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