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August 16, 2022
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Romanian Constitutional Court Slams European Court of Justice Decision

The Romanian Constitutional Court slams one controversial decision of the Court of Justice of the European Union. On Tuesday, December 21, the European Court of Justice issued a press release where it argued, more or less, that European law is above the national law.

The ruling of the European Court was in favor of the Romanian judges who did not apply the decisions of the Romanian Constitutional Court that didn’t observe the European regulations and laws. The Romanian Constitutional Court slammed that in a press release.

The European Court admits in the decision issued on December 21 that the decisions taken by the Romanian Constitutional Court are mandatory. However, the decision of the European Court according to which the effects of the principles of the European law’s supremacy apply to all the institutions of a member state, without any internal laws, including the constitutional rules, to stop this from happening, and according to which the national courts are forced to not apply, by default, any rule or national practice that contradicts the European law, need the revision of the current Romanian Constitution. In reality, the effects of the decision taken by the European Court can produce results only after the revision of the present Constitution, which can be accomplished only after the initiative of certain actors and institutions in the legal framework stipulated by the Constitution itself.

The justification of the Romanian Constitutional Court following the decision of the Court of Justice of the European Union

Unwillingly, Romania joins other ‘rebellious’ member states regarding the European decisions that contradict the national law. Recently, the European Commission criticized both Hungary and Poland, and the European officials asked for punitive measures against these member states for adopting legislation contradicting the European laws.

The procedures for the revision of the Romanian Constitution are complicated. More complicated is to persuade 30% of the Romanians who have the right to vote to back any idea of this kind and vote for a revision. The most recent failure in revising the Constitution was during the ‘referendum for the family.’ At that moment, despite a consensus that the family can be formed only between a man and a woman, the referendum failed because it didn’t reach the 30% presence limit stipulated.

Does anyone believe that a referendum in favor of the European law can pass Romanian scrutiny? No way.

All this happened in a country where the nationalist movement is more and more appreciated and the only nationalist party in Parliament, AUR, reached, according to the latest opinion polls, 15% of the voting intention. Romanian people are making small but significant steps towards a clear separation between the national and European interests.

With the nationalist movement rising strongly in the country, Romania could adopt a new direction in international politics in 2024, after the next general elections.

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