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Paper Details

THE RELATIONSHIP BETWEEN COMMUNITARY LAW AND THE INTERNAL LAW OF THE MEMBER STATES OF EU

Dumitru POPA

Journal Title:International Journal of Communication Research
Abstract


Communitary Law can implement its norms in the internal legal order of the member states, without being tofulfill certain formalities in order to integrate them into the internal legal norms..The communitary law has a direct applicability, regardless of its sources. As a result, it has a direct effect, in the sense, that it can create rights and obligations not only for the member states, but also for individuals.This characteristic of the Communitary Law to induce a direct effect is linked to the essence of the communitary legal order.Therefore, the direct effect of the Communitary Law consists of its capacity to create rights and concrete obligations for the physical persons and for the legal ones in the member states and their impossibility to resort to the communitary norms in front of the national legal courts and of the communitary organisms.The Court of Justice has also established that the secondary legislation creates a direct effect, like the primary legislation, being able to make use of the provisions included in the communiatry treatises in order to initiate an action in the Court.. Bringing motivation to this solution, the Court proved that the communitary legal order is a new legal, autonomous order whose subjects are not only the member states but also their resortisants.Being independent from the national law, the communitary law provides for individuals not only obligations but also rights resulting not only from an explicit assignment but also as being a correlative right of an obligation included in treatises alloted to member states.If the state does not fulfill the obligation imposed by the Communitary Law, its resortisants can invoke it in front of the legal national and communitary courts.

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