首页    期刊浏览 2025年12月25日 星期四
登录注册

文章基本信息

  • 标题:Negative Effects of Incorrect Legal Transplantation of European Union Legislation
  • 本地全文:下载
  • 作者:Emilian Ciongaru ; Emilian Ciongaru
  • 期刊名称:Procedia - Social and Behavioral Sciences
  • 印刷版ISSN:1877-0428
  • 出版年度:2013
  • 卷号:92
  • 页码:186-191
  • DOI:10.1016/j.sbspro.2013.08.657
  • 语种:English
  • 出版社:Elsevier
  • 摘要:AbstractIn the context of Romania's accession to the European Union, there was implied responsibility to adapt the country's legislative and judicial system to European system in order to implement the legal standards created and adopted by the European Union. This was transplanted adaptation which aimed, more clearly, for a potential unification and standardization of the Member States’ legal systems. Against the background of this transplantation and adaptation, legislative and judicial national systems encountered a series of practical difficulties. In considering the diversity and particularity of a new European legal system, there were, even, reactions of rejecting some of the European legal norms of transplantation. Extending the law's area of substantive procedures was a result of mutations of the Members States’ legal systems by creating a new European legal order. Identifying and eliminating the negative effects of defective transplantation of European legal standards might lead to prevention of the national legal system's possible legislative and legal vulnerability. If, the legal system's causes and negative effects considered by European Union to be a lacunary, could be identified, a series of solutions could be found which would improve the national legal system's functions and, which, in a certain period, could eliminate forever the system's difficulties.
  • 关键词:the legal transplantation;the european legal system;the european legal order;the legislative vulnerabilities;the national law
国家哲学社会科学文献中心版权所有