Aspects Concerning the Philosophy of the European Community Law

Proceedings of the XXIII World Congress of Philosophy 54:57-67 (2018)
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Abstract

An approach of the European Community Law from a philosophical point of view had a great following in the last half of the 20th century, with good results in the creation of some real strategies about the integration. That is why some general, traditional wise values were assumed as basic for the European Community Law. An important aspect in the foundation of a new practice of the science of law, based on the values of philosophy, emerges from the fact that the community law is different both from the science of general law and international law. The new directions of the community law were adopted by the sovereign states, which signed institutive Community treaties. The philosophical approach is that by signing the community treaties, those sovereign states accept to transfer a certain part of their national sovereignty to the newly created Community institutions. On the other hand the transfer of sovereignty must not be understood as a threat to the national integrity, but as a chance of integrating into larger and more efficient structures. From this point of view, the present work initiates a debate upon the main characteristics of the community law, the way in which the concepts of political and juridical philosophy contribute to the creation of the new mechanisms and procedures of the European community law. Having a clear image of these aspects means a great importance for the success of Romania’s accession.

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