The Application and Interpretation of European Union Law by the Constitutional Court

Abstract

The experience of the Romanian Constitutional Court regarding the interference between the European Union law and the constitutional right is further reduced. The beginning was shy, with a formal reference in 2000. Later, the solutions have resulted in confusion between the law of the European Union and European law on human rights to the finding of unconstitutionality of a legislative act which transposed a directive. The Constitutional Court found that the task of implementing Community rules with priority in accordance with the mandatory provisions of national law up to the courts. A recent decision is to reinforce the idea that the option of the District Court in litigation in Romania is to protect the fundamental rights of citizens under the Constitution, to the detriment of EU normative acts.

Note: Downloadable document is in Romanian.