Acta Universitatis Danubius. Juridica, Vol 9, No 3 (2013)

Abstract

The Court of Justice of the European Union, alongside national courts, provides not only a consistent and uniform application of European law but, Apparently paradoxical, from a certain perspective, creates new rules of law. Of course, at first glance, our assumption may seem hazardously, and in any case not in accordance the "classic" conception that the judge is only meant to apply a law to a particular case, issuing rules of law shall be the competence of the legal bodies of states.

In these circumstances, we considered it useful to examine an ancient Roman law concept - iurisdictio - and show that it is still current. Usually, when the magistrate "speaks right", the solution which will be given will be implicitly included in the rule indicated (which is pre-existing) because the judge is only to find, after the debates and on the evidence, whether the rule of law is not applicable or practical case to be decided.

However, this study also addresses the way in which iurisdictio operates in terms of the European judge activity within the preliminary ruling procedure.