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The Constitutional Court of Romania and European Union Law

The Constitutional Court of Romania and European Union Law AbstractThe Constitutional Court of Romania has subjected the introduction of a norm of European Union law into the constitutionality control, as an interposed norm to the standard norm. On the one hand, the norm should be sufficiently clear, precise and unequivocal in itself, or its meaning should have been clearly, precisely and unequivocally established by the Court of Justice of the European Union, and on the other hand it should be circumscribed by a certain level of constitutional relevance, so that its normative content could support the possible breach of the Constitution - the only direct standard norm within the constitutionality control - by national law. However, the experience of the Constitutional Court of Romania over the eight years (2007-2014) since the EU accession, does not seem to be very convincing, irrespective of the way in which European Union law, including the case law of the CJUE has been used: as justifying or circumstantial argument, as a mere reference or in an inadequate context. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International and Comparative Law Review de Gruyter

The Constitutional Court of Romania and European Union Law

Călin, Dragoş
International and Comparative Law Review , Volume 15 (1): 27 – Jun 1, 2015
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Publisher
de Gruyter
Copyright
© 2018
ISSN
2464-6601
eISSN
2464-6601
DOI
10.1515/iclr-2016-0028
Publisher site
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Abstract

AbstractThe Constitutional Court of Romania has subjected the introduction of a norm of European Union law into the constitutionality control, as an interposed norm to the standard norm. On the one hand, the norm should be sufficiently clear, precise and unequivocal in itself, or its meaning should have been clearly, precisely and unequivocally established by the Court of Justice of the European Union, and on the other hand it should be circumscribed by a certain level of constitutional relevance, so that its normative content could support the possible breach of the Constitution - the only direct standard norm within the constitutionality control - by national law. However, the experience of the Constitutional Court of Romania over the eight years (2007-2014) since the EU accession, does not seem to be very convincing, irrespective of the way in which European Union law, including the case law of the CJUE has been used: as justifying or circumstantial argument, as a mere reference or in an inadequate context.

Journal

International and Comparative Law Review – de Gruyter

Published: Jun 1, 2015

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