<abstract xmlns="http://www.w3.org/1999/xhtml"><p> 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.</p></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.

The Constitutional Court of Romania and European Union Law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"The Constitutional Court of Romania and European Union Law"}

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 Constitutional Court of Romania and European Union Law

Publicado en línea: 24 ene 2018

Páginas: 59 - 85

DOI: https://doi.org/10.1515/iclr-2016-0028

Palabras clave
European Union Law, constitutional courts, constitutional control, interposed norm, transposition of directives: Court of Justice of the European Union

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The Constitutional Court of Romania and European Union Law

Publicado en línea: 24 ene 2018

Páginas: 59 - 85

DOI: https://doi.org/10.1515/iclr-2016-0028

Palabras claveEuropean Union Law, constitutional courts, constitutional control, interposed norm, transposition of directives: Court of Justice of the European Union

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Palabras clave
European Union Law, constitutional courts, constitutional control, interposed norm, transposition of directives: Court of Justice of the European Union