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THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHTS GUARANTEED BY EUROPEAN UNION LAW ON MEMBER STATES' ACTION. SOME JURISPRUDENTIAL LANDMARKS

Constanţa MĂTUŞESCU

In the European Union legal order, there exists a long standing problem to define in which circumstances the fundamental rights of the European Union have a binding effect on member states. The Court of Justice of the European Union has through its case-law tried to resolve this issue, establishing that fundamental rights guaranteed by the Union are intended to be applied in all situations governed by Union law. However, it is not always clear when and whether national authorities are acting within the scope of Union law. The jurisprudence, including the most recent case, maintains a number of ambiguities, particularly with regard to the applicability of EU fundamental rights to national measures which target a field also covered by the Union law, even if they do not intend to implement EU law. Making a brief overview of this jurisprudence, the paper focuses on identifying the major line of cases and the conditions under which a national measure is considered to fall within the scope of Union law by attracting the application of the Union’s standards of protection.

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Volume X, special issue II, December 2019, posted at 23th of December 2019

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European Union Law

THE LISBON TREATY AND THE RISKS OF NONCOORDINATION OF ECONOMIC POLICIES IN THE E.U.

Grigore SILASI

Ion M. ANGHEL

CONSIDERATIONS REGARDING THE ROLE OF JURISPRUDENCE AS A SOURCE OF LAW IN ROMANIAN LAW AND IN EUROPEAN UNION LAW

Mihai BĂDESCU

BRIEF CONSIDERATIONS ON THE INSTITUTION OF PENALTY IN THE CONSTITUTIONS OF EU MEMBER STATES

Silviu Gabriel BARBU

Vasile COMAN

THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR

Tudor CHIUARIU

CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

Ioniţa COCHINŢU

Cristina TITIRIŞCĂ

THE IMPACT OF THE CURRENT INTERNATIONAL LAW CRISIS ON THE RIGHT TO SUSTAINABLE DEVELOPMENT

Titus Corlătean

LEGAL LIMITS OF THE EXERCISE OF THE FREE MOVEMENT OF PERSONS IN THE EUROPEAN UNION

Nicoleta DIACONU

CONSUMERS PROTECTION FROM THE PERSPECTIVE OF SANCTIONING DOUBLE QUALITY STANDARD OF PRODUCTS AND SERVICES IN THE EUROPEAN UNION

Raluca DINU

EUROPEAN COMMONWEALTH ARMY – CHALLENGE FOR A PROPER EU REGULATION

Carmen Adriana Domocoş

“DISCRIMINATION BY ASSOCIATION” - BETWEEN JURISPRUDENTIAL CONSECRATION AT EUROPEAN LEVEL AND LEGISLATIVE DESIRE IN ROMANIA. SOME CONSIDERATIONS

Constanţa MĂTUŞESCU

THE LEGALITY OF THE APPLICATION OF SUPPLEMENTARY AND ACCESSORY PUNISHMENTS FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION

Alexandru POROF

BREXIT AND THE BACKSTOP SOLUTION ON NORTHERN IRELAND

Maria-Cristina SOLACOLU

THE INTERNATIONAL AREA OF THE SUBMARINE TERRITORIES IN THE CONTEXT OF THE EUROPEAN UNION INTEREST ON THE EXPLORATION AND EXPLOITATION OF THEIR RESOURCES

Laura Magdalena TROCAN

 

UE Law and Comparative Law

IN DUBIO PRO REO - MYTH OR REALITY

Denisa BARBU

CRIMINAL LIABILITY FOR ECOLOGICAL DAMAGE RESULTING FROM NUCLEAR TRANSPORT

Florin Octavian BARBU

INSTRUMENTS FOR BETTER REGULATION. A COMPARISON OF THE REGULATORY IMPACT ASSESSMENT (RIA) LEGAL FRAMEWORK IN ROMANIA AND IN FRANCE

Ionuţ-Bogdan BERCEANU

THE ROLE AND IMPORTANCE OF CLUSTERS IN EUROPE. GERMAN MODEL VERSUS ROMANIAN MODEL

Eduard CĂLINOIU

MEASURING THE HARMONIZATION DISTANCE WITHIN THE LEGAL SPACE OF THE EUROPEAN UNION AS A TOPOLOGICAL SPACE

Gheorghe BOCŞAN

INFORMAL SETTLEMENTS – LEGISLATIVE CHANGES MADE IN THE ROMANIAN LEGISLATION, THROUGH LAW NO. 151/2019, RELATED TO THE EUROPEAN LEGISLATION AND THE PROVISIONS OF THE CONVENTIONS THAT PROTECT THE FUNDAMENTAL HUMAN RIGHTS

Mădălina BOTINĂ

CURRENT CHALLENGES OF THE LAWYER PROFESSION

Alexandru-Aurelian CHIRIŢĂ

RELIGIOUS FREEDOMS AT EUROPEAN UNION LEVEL AND THEIR PROTECTION BY THE PEOPLE'S ADVOCATE

Denis-Roxana GAVRILĂ

COMPARATIVE ANALYSIS REGARDING THE IMMOVABLE GOODS PUBLICITY AND THE LAND BOOK OF THE STATES OF THE EUROPEAN UNION

Marilena MARIN

IMPLEMENTATION OF THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONMENT

Irina MOROIANU ZLATESCU

Petru Emanuel ZLATESCU