The Constitutionalization and the Europeanization of Private Law in Romania

Ramona Delia Popescu

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Chapter 7 The Constitutionalization and the Europeanization of Private Law in Romania

于The Constitutionalization of Private Law versus the Europeanization of Private Law

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Ramona Delia Popescu

Ramona Delia Popescu
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类型:: 章节

Page Range:: 203–242

DOI:: https://doi.org/10.1163/9789004688971_009

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Abstract

Constitutionalization is a complex phenomenon initially emerged within the boundaries of a state and expanded at European and even at international in connection with supranational and international sui generis organizations. Romania’s concrete political, economic and legal Europeanization meant a multilayered institutional integration in different European structures, as well as legal transplantation of legal institutions from different systems of laws. In this chapter I will focus on how formal and normative uniformization of private national law was developed and explained by national courts or by Constitutional Court in opposition with national identity and how national courts directly apply European law if its provisions are sufficiently clear and unconditional. National judges shall be aware of the horizontal effect of fundamental rights. The chapter will try also to explain how the Europeanization process become an instrument of constitutionalization of private law.

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The Constitutionalization of Private Law versus the Europeanization of Private Law

A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

丛编： Constitutional Law Library, 卷： 8

Cover The Constitutionalization of Private Law versus the Europeanization of Private Law

ISBN:: 9789004688971

出版社:: Brill | Nijhoff

印刷出版日期:: 27 Jan 2025

Subjects
- International Law
  - EU Law
  - Constitutional Law
- Social Sciences
  - Comparative Social Sciences

Front Matter

Part 1 General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context

Part 2 General Considerations on the Constitutionalization and the Europeanization of Private Law in the Context of the Law and Legal Science of Selected EU Countries of Central and Eastern Europe

Part 3 Considerations on Detailed Issues of Private Law on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

Part 4 Conclusions – A Synthesis of the Work

Back Matter

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Chapter 7 The Constitutionalization and the Europeanization of Private Law in Romania

Abstract

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The Constitutionalization of Private Law versus the Europeanization of Private Law

A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

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