ACTA UNIVERSITATIS 66 Abstract: The Court of Justice consistent and uniform applica perspective, creates new rules hazardously, and in any case no to apply a law to a particular cas states. In these circumstances, w iurisdictio - and show that it is s which will be given will be imp the judge is only to find, after applicable or practical case to iurisdictio operates in terms of th Keywords: iurisdictio; Europea rulings; jurisdictional activity 1. Introduction An important role in the Justice of the European U only a consistent and u paradoxical, from a certain glance, our assumption m the “classic” conception th case, issuing rules of law s In a very recent study on Shanto, 2013, p 32), invok claimed this classic thesi 1 Associate Professor, PhD, F Address: Bucharest, Sector 4, 1 Corresponding author: dcimpoer DANUBIUS Vol. 9, no. 3/2 Iurisdictio Mechanism in Terms the European Judge Activity Within t Preliminary Ruling Procedure Dan CIMPOERU 1 of the European Union, alongside national courts, provides not ation of European law but, Apparently paradoxical, from a c s of law. Of course, at first glance, our assumption may ot in accordance the “classic” conception that the judge is only ase, issuing rules of law shall be the competence of the legal bod we considered it useful to examine an ancient Roman law con still current. Usually, when the magistrate “speaks right”, the so plicitly included in the rule indicated (which is pre-existing) b r the debates and on the evidence, whether the rule of law be decided. However, this study also addresses the way in he European judge activity within the preliminary ruling proced an Union law; the Court of Justice of the European Union; prelim current development of European law has the Cou Union. This court, alongside national courts, provide uniform application of European law but, appar n perspective creates new rules of law. Of course, a may seem hazardously, and in any case not in accord hat the judge is only meant to apply a law to a parti shall be the competence of the legal bodies of states. the methods and functions of comparative law (Si king a Roman aphorism - jus dicere, non jus dare - is and is argued that “judge not create law, but Faculty of Business and Administration, University of Buc 10 Constantin Boşianu Street, ap. 2, Romania. Tel.: +40.722.27 ru@gmail.com. AUDJ, vol. 9, no. 3/2013, pp. 2013 s of the only a certain y seem meant dies of ncept - olution because is not which dure. minary urt of es not rently at first dance icular inani, - it is only charest. 72911. . 66-71