The Relationshipbetween EU Law and National Constitutional Law in the Field of Fundamental Rights

S.G Barbu,C.M Florescu

doi:10.31926/but.ssl.2021.14.63.3.1

Abstract

The Constitutional Court of Romania carries out the control of the constitutionality of the laws and ordinances of the government and pronounces decisions that have a binding effect erga omnes. Within the constitutionality control, a special position is occupied by the EU law. In our paper we will focus on the interferences that may arise between the national norm, the EU law and the national Constitution, from the perspective of the jurisprudence of the Constitutional Court and the principle of priority of the EU law.

Highlights

In order to be relevant in the review of constitutionality, the EU law must meet two cumulative conditions: on the one hand, it must be sufficiently clear, precise and unequivocal, or its meaning must have been established by the Court of Justice of the European Union and, on the other hand, it must aim at rights and freedoms protected by national fundamental law
The Romanian Constitution recognizes the priority of EU law
Within the constitutionality control performed by the Constitutional Court, the norms of EU law are norms interposed with the Constitution

Summary

Introduction

According to Article 148 of the Romanian Constitution, the provisions of the constitutive treaties of the European Union, as well as the other mandatory EU law regulations, have priority over the contrary provisions of domestic law, in compliance with the provisions of the Act of Accession. In applying of the Article 148 of the Romanian Constitution, the Constitutional Court emphasized that it is competent to make a constitutional review in which the reference norm is the Constitution This means that the fundamental law is the norm in relation to which the Constitutional Court establishes the constitutionality of an infra-constitutional norm. In order to be relevant in the review of constitutionality, the EU law must meet two cumulative conditions: on the one hand, it must be sufficiently clear, precise and unequivocal, or its meaning must have been established by the Court of Justice of the European Union and, on the other hand, it must aim at rights and freedoms protected by national fundamental law. If the Constitutional Court has doubts about the interpretation of a rule of EU law with constitutional relevance, it may refer a question to the CJEU for a preliminary ruling

The Role of EU Law in Reviewing the Constitutionality of the National Laws

Conclusions