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The Constitutional Court of Romania and European Union Law Cover

The Constitutional Court of Romania and European Union Law

By: Dragoş Călin  
Open Access
|Jan 2018

Abstract

The 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.

DOI: https://doi.org/10.1515/iclr-2016-0028 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 59 - 85
Published on: Jan 24, 2018
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2018 Dragoş Călin, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.