Tragicomedy in Applying Community Law in Romania

Abstract

The solution for motivating a prescription term which is presumed not to be in course, by recourse to CJEC jurisprudence in cases Amministrazione delle finanze dello Stato/Simmenthal, C106/77, and The Queen c. Secretary of State for Transport, ex parte: Factortame LTD., C-213/89 is improper.

Thus, the incidence of the national judge’s obligation relating to the effective realization of these norms, by not applying contrary provisions of national law, on his own responsibility, without requesting or waiting the previous elimination by legislative way or by any other proceeding, is superfluous!

Note: Downloadable document is in Romanian.