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

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...

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Bibliographic Details
Published inLaw review (Romania) no. Supliment1; pp. 19 - 33
Main Author Bădescu, Mihai
Format Journal Article
LanguageEnglish
Published Universul Juridic 2019
Universe of Law
Subjects
Civil Law
Comparative Law
Court case
EU-Legislation
Law, Constitution, Jurisprudence
legislator
source of law
judicial practice
court decision
EU law
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Summary: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.
ISSN:2246-9435