INDIRECT INFLUENCE OF COMMUNITY LAW OVER NATIONAL CRIMINAL LAW
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Authors:
• Mirela GORUNESCU, email: mire_gor@yahoo.com, Afiliation: Conf.univ.dr., Academia de Poliţie „Alexandru Ioan Cuza” Bucureşti -
Keywords: community law, criminal national law, Corpus Juris, European judiciary space, drept comunitar, drept penal naţional, Corpus Juris, spaţiul judiciar European
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Abstract:
The problem of influence of Community law over national criminal law is difficult to be solved even now, because criminal law is very closely related to state sovereignty. However, at European level it is a series of unifying trends in the field of criminal law. This includes: the Corpus Juris Project to develop a number of guiding principles on the protection through criminal law of financial interests of EU, within the European judiciary space; the project of founding a European Prosecutor , which would have extended jurisdiction over the entire European judicial area; at the doctrinaire level the project called ”The Criminal Code of the European Union ” result of encoding the provisions relevant for the Community criminal law and published likewise. Romanian criminal law could not remain outside these trends and this paper reveal some internal acts that reflect the trends observed at European level. Some of this acts have a direct influence, and some of them an indirect influence. An example is represented by art. 3022 of the Romanian Penal Code, which, in the basic variant, besides any operations regarding the import of wastes and residue of any kind or other dangerous goods for public health and environment, incriminates the placing or transit operations on the country without observing the laws. In this text, the phrase "without observing the laws" must be reported to both national regulations and international legal instruments.