Fascinant, provocator, alambicat, frustrant, autoritar, diferit - numai câteva dintre adjectivele care se potrivesc sistemului de drept al Uniunii Europene. Din toate, primul care îmi vine în minte și ultimul care rămâne la sfârșitul unei zile de lucru este fascinant.

Citatul săptămânii

17 august 2011

The New Europe craves affection. It wants our sympathy and our engagement. But it is an awfully dull suitor. A new Constitution might have helped, and maybe the odd moment too. But not that much. As Jacques Delors famously observed, ‘you don’t fall in love with an internal market without borders’. And you don’t fall in love with constitutions either, still less legal orders.
(Ian Ward, Bill and the Fall of the Constitutional Treaty, European Public Law, 2007)

1 august 2011

"I prefer injustice to disorder." With these blunt words - the absoluteness of which I hasten to repudiate - Johann-Wolfgang von Goethe took sides in what is probably the most complex dilemma in law as a whole: the tense relationship between the desire for justice and the need for certainty.
(Concluziile AG Colomer, C-310/97 P Comisia/AssiDomän Kraft Products)

iulie 2011

Clarity, simplicity and elegance! Thus it was that Somerset Maugham defined the essential ingredients of good style.

Sadly, none of those qualities is much in evidence in the legislation that we are now called upon to consider. And while elegance may be more than we are entitled to expect from the legislative draftsman and simplicity may be an unattainable ideal in a field so complex as the common organization of the market in pigmeat, yet none the less a little clarity would be greatly appreciated, because it would facilitate the work of the Court and promote legal certainty.
(Concluziile AG Jacobs din 29 martie 1990 în cauzele conexate C-354/88, C-355/88 and C-356/88, Roermond BV, în care trimiterea preliminară privea validitatea și interpretarea anumitor prevederi comunitare în materia restituirilor la exportul cărnii de porc)

iunie 2011

Following the judgment in Foto-Frost, all the courts of the Member States are required to seek a preliminary ruling from the Court of Justice prior to declaring a Community act invalid. The uncertainty which has arisen in the present case concerns whether that obligation, which is purely a product of case-law and is not laid down in the Treaties, is absolute in nature or whether it may be subject to any exceptions.

In Greek mythology, Sisyphus was condemned eternally to the gruelling task of carrying a heavy rock up to the top of a mountain and then, once he had reached the summit, letting it roll down into a ravine, going down to fetch it, and starting to carry it up again, with no concession to his obvious fatigue.
The reasons for that dreadful punishment remain shrouded in mystery, but it seems likely that it was due to some audacious behaviour on the part of the hero which the gods took as a challenge to their superiority.
Like Sisyphus, the founder and king of Corinth, national courts find that they are constantly forced to seek preliminary rulings on the invalidity of Community acts.
(Concluziile AG Colomer, C-461/03 Gaston Schul)

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