The Principles and the Characteristics of the European Communitarian Law Philosophy

An approach of the European Community Law from a philosophically point of view witnessed a great audience within the last half of the 20th century, having good results in the creation of some real strategies about the integration. That is why some general, traditional wise values were assumed as basically 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 the philosophy, emerges from the fact that the community law is different both from the science of general law and the 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 into the account of the new created communitarian institutions. On the other hand the transfer of sovereignty must not be understood as a threat for 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 mechanism and procedures of the European community law. Having a clear image of these aspects means a great importance for the Romania succeeding to its adherence. [PUBLICATION ABSTRACT]