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Andreea-Olga ALEXANDRU: The invocation of the prejudicial matter – obligation or faculty of the national instances

Abstract: Article 234 of the European Community Treaty was used as a means to develop the understructure of the judicial community order. The procedure of the prejudicial matter confers an important role to the national instances, especially when the direct and immediate judicial protection of certain persons is concerned, excluding the whole discretionary power of the state, against the interest of that protection.Therefore, it was decided that in the case of the complexity of some situations in a certain state, the judicial nature of some directly applicable community dispositions should not be altered because, as the dispositions confer to the parties  some rights that must be protected by the national jurisdictions, the latter are meant to ensure the protection of those rights, meaning that the attribute of the judicial order of each member state to designate the competent jurisdiction and, therefore, to qualify these rights according to the criteria of intern law.The mechanism of the prejudicial matter traces a way of collaboration between the national judge invested with the clarification of litigation and the Court of Justice, which has the uniform and authentic obligation of the community law, interpretation which is imposed thanks to the fact that the community law is superior to the national law of the member states, rather than by a superior rank of the interpreter.Through the procedure of the prejudicial matter, the European Court of Justice reached a panoramic vision over the Community, vision that leads to a detailed knowledge of the practice of the quality of community judge by the national instances.

Keywords: prejudicial mater, national judge, european judge.

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