TEORIA GENERALA A STATULUI, CA DISCIPLINA DE STUDIU, PRIVITA PRIN PRISMA ADERARII ROMÂNIEI LA UNIUNEA EUROPEANA/GENERAL THEORY OF STATE AS A SUBJECT REGARDED FROM THE PERSPECTIVE OF ROMANIA'S ACCESSION TO THE EUROPEAN UNION

The state and its law are not only political phenomena but they are also special social phenomena tightly connected between them that appear, operate, develop and interact and make the object of the General theory of law and state. The state and law belong to the social phenomena whose existence is confined to a certain period of development of the society. The questions of the General theory of the state are also questions of the General theory of law as subjects, and they are also current questions regarding the European integrity such as: is sovereignty inalienable?, may the state's competences be transferred without transferring sovereignty etc. This kind of questions might be answered by resorting to the traditional judicial dogmatics. As for this advanced phase of expansion of the European Union, the subject of General theory of state may not abandon the issues of state's functions and, in its quality of a synthetic legal science, it has the task to identify and examine the particularities of exerting the economic function of the member states in the context of the unique market and co-exercise of sovereignty with the European Union. In these conditions, we should say that the preference for a general theory of law and state should be observed, provided that the theory related to the state should include the General theory of law as a preponderant part of maximum importance. The role of these sciences is to provide the concordance between special relationships and juridical norms, to draw the attention to the newly appeared relationships in need of legal regulation and to contribute to the development and improvement of state and law. [PUBLICATION ABSTRACT]