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

Mihai BĂDESCU

 Abstract

All the ways of expressing the content of the law are known in the specialized

literature under the name of sources or sources of the law, there being two

understandings of the term of source of law, namely: source of law in the material sense

known also as material or real source and source of law in the formal sense or formal

source. Judicial practice or jurisprudence is one of the formal sources of law. This is

defined as representing the whole of the judgments given by the courts of all degrees,

including the practical experience of the judicial bodies that apply the law to concrete

cases. Being prior to law as a source of law, jurisprudence did not have the same role in

the legal systems, its role and purpose being different from one historical era to another,

from one system of law to another. Thus, we will briefly discuss some aspects specific to

the jurisprudence in contemporary law, in Romano-Germanic law, in Anglo-Saxon law,

focusing more on the judicial practice in Romania, on those exceptional situations,

provided by the Constitution and other laws, which urge the reconsideration of judicial

practice as a source of law. In EU law, case law is accepted as a (complementary)

subsidiary source of EU law.

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