THE LEGAL SCHENGEN AND THE UNITY OF THE EUROPEAN COMMUNITY

The attempt to achieve a European Civil Code, always doomed to fail or become a suspended step, challenges us to raise a number of questions that aims the value of national legal traditions from the perspective of the need for Community unity. The recent European event, called generic, Brexit is another example that underlines the vulnerability of the European project in terms of intra community connection bridges and once again confirms the rule that sharp differences of cultural, economic and especially of legal nature between EU states are unmanageable. In our analysis, based on the example of hypothetical European Civil Code, unrealized chiefly because of disguised pride under the motivation of preservation of the national legal culture, we try to design the possibility of managing national legislative policy in harmony with Community law proposing to achieve such phased harmonization starting from the fundamental law, respectively the Civil Code, the Civil Procedure Code, the Criminal Code and the Criminal Procedure Code. We believe that this approach will be staged from the perspective of EU countries that adhere to this project, thus realizing a genuine "European legal Schengen space" nucleus of Community harmonization. (C) 2017 Published by Future Academy www.FutureAcademy.org.UK