Trends and Patterns in Preliminary References in Courts of Romania. Issues Related to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights

Law Review, Volume VI, Issue 2, July- December 2016, p. 97-124

28 Pages Posted: 9 Dec 2016

See all articles by Daniel Mihail Sandru

Daniel Mihail Sandru

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Constantin-Mihai Banu

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute; Bucharest Court of Appeal

Date Written: December 7, 2016

Abstract

The case-law of the courts of Romania reveals significant disparities concerning 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. That is the 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 courts of Romania 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, Romania, 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

Sandru, Daniel-Mihail and Banu, Constantin-Mihai and Calin, Dragos, Trends and Patterns in Preliminary References in Courts of Romania. Issues Related to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights (December 7, 2016). Law Review, Volume VI, Issue 2, July- December 2016, p. 97-124, Available at SSRN: https://ssrn.com/abstract=2881998 or http://dx.doi.org/10.2139/ssrn.2881998

Daniel-Mihail Sandru (Contact Author)

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania
+ 40726999706 (Phone)
+40213188130 (Fax)

HOME PAGE: http://www.csde.ro

Constantin-Mihai Banu

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania

Bucharest Court of Appeal ( email )

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