Ultra vires și depășirea competențelor curții de justiție a Uniunii Europene în lumina spețelor Junk vs. Kühnel și Mangol vs. Helm

Abstract

The subject of the scientific research are the ultra vires acts of the Court of Justice of the European Union analyzed from the perspective of the Republic of Moldova in connection with its submission of the application for accession to the European Union. National legal preparation tends to maintain a vigilance both in temporal and in the light of jurisdictional actuality. Thus, the confrontations of the Court of Justice of the European Union with that of the Constitutional Court of the Federal Republic of Germany, whose magistrates are considered modern titans of European courts, are analyzed. The presentation of the reasoning in concreto serves to raise legal awareness in the Republic of Moldova both for national legal education as well as for national courts. Ultra vires acts are not a novum. However, it is a rarity and can be analyzed deeper in a multi-layered system of law, such as that of the European Union. This research provides the national jurisprudence with a legal "memorandum".