Download This PaperThe Thin Line between the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. Trends and Patterns in Preliminary References in Romanian Courts
in vol. DEALING WITH EU LAW. The role of national courts in the interpretation and application of European Union law, Mihai Sandru, Giuseppe Martinico, Mihai Banu (eds), Ed. Universitara, 2014, ISBN 978-606-591-749-1, p. 174-225.
59 Pages Posted: 1 Dec 2015
Date Written: March 25, 2014
Abstract
The case-law of the Romanian courts reveals significant disparities concerning the interpretation and application of the two main European sources in the field of human rights - the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. It is because of this reason that the present chapter deals with case-law of Romanian courts concerning the said issue raised in requests for a preliminary ruling, covering both references for a preliminary ruling and judgments rendered by Romanian courts in which those courts rejected such requests. The subject-matter is liable to trigger a heated debate about limits of powers and their exercise by courts in relation to references involving the application of different legal standards - national law, European Union law and the European Convention on Human Rights.
Keywords: preliminary reference; Article 267 TFEU; national court or tribunal; Constitutional Court of Romania; rejection of a request for a preliminary reference; European Convention on Human Rights; Charter of Fundamental Rights of the European Union
JEL Classification: K22
Suggested Citation: Suggested Citation