Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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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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Volume XII, Issue 2, July - December 2022

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Summary

International Law

Quality of public expenditure and transdisciplinarity: Law, economics, psychology, politics and public management

Leonardo da Silva Guimarães Martins da Costa

The Debate in 21st Century Romania. Case Study – Bihor County

Claudia-Simona TIMOFTE

Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

Codruţa-Elena Mihailovici

Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

Claudiu Florinel Augustin Ignat

 

European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai

 

UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

Silviu-Dorin ŞCHIOPU

 

Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura