Identitate constituțională națională și dialog judiciar
Constitutional Identity and Judicial Dialogue

Summary/Abstract: From the moment when the constitutional grounds for EU accession were built, the Constitutional Court of Romania has defined the principle of the supremacy of the Constitution within the national legal system.The European legislation may be used in the framework of the control of constitutionality of the national legal provisions, but only based on some cumulated criteria; it is the role of the Constitutional Court to identify it.Both the Constitutional Courts of the Member States and the ECJ have to define the national constitutional identity, which is a complex process and inherent tensions may appear. But the most important aspect is to respect the common interest of a stronger European Union, based on coherent and predictable jurisprudence, as well as common values and respect of constitutional identities. The way the Constitutional Courts address their preliminary questions to the ECJ offers various examples in this area and the response of the ECJ to the preliminary questions addressed by the Romanian Constitutional Court (Case C-673/16) is a relevant one.

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