Parts III - IV

Augustina DUMITRAŞCU, Assistant Professor, Ph.D. Candidate, The Role of the Court of Justice of the European Communities’ Jurisprudence in the Configuration of the Community Legal Order
„United through jus commune, and then divided into national law systems, but based, however, on a common heritage, Europe has today, in its most developed institutional form – the Communities, a positive law called Community law. Thus, lawyers of each member state of the European Community (EC) are faced with the problem, familiar, in fact, to medieval lawyers also, of the conciliation of two legal orders belonging to different levels” [1] . Both the national courts, and the European Court of Justice of European Communities (ECJ) have an extremely important role in this confrontation between the Community legal order and the national legal order; the ECJ has the responsibility and, at the same time, the monopole of interpreting the Community law, with the view of its uniform application in all EC member states, as an essential prerequisite of integration.

Given the special place held by the Court in the institutional Community system, especially from the perspective of filling gaps of the Community law through principles of jurisprudential origin, we will examine, after a short presentation of the powers of the ECJ, its character as jurislateur [2] , including filling the gaps and coverage of the shortcomings contained by the treaties, res interpretata and preliminary ruling; the pedagogical role of the Court will be also highlighted, and finally, we will study the place occupied in the hierarchy of Community sources by the interpretation given by the Court, and also the possible contribution of the Court to the legitimacy of the European Union.

[1] Droits, Revue française de théorie juridique, nr. 14, L’Europe et le droit; O. Beaud, Le droit communautaire, nouveau type de droit commun européen, Ed. PUF, 1991, p. 10.
[2] „Creator of law through jurisprudence” – term used by the French legal doctrine.

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