Aspects of Judicial Competence under Community Law

Abstract

According to the Treaty on the Functioning of the European Union, when the European Union is conferred exclusive competence by the Treaties in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts. The limits and conditions for the exercise of Union competence are laid down in the provisions of the Treaties relating to each area. With regard to the determination of the international competence of the Romanian courts, the example of succession matters is given, where the competence is acquired by meeting two conditions: the deceased had his last place of residence in Romania and the claim relates to movable or immovable property located in Romania.