ANIHILAREA SUPREMAŢIEI CONSTITUŢIEI ÎN DREPTUL INTERN AL STATELOR MEMBRE ALE UE PRIN HOTĂRÂRILE CJUE DIN 18.05.2021ŞI DIN 21.12.2021. PRIMUL „TROFEU” UE - 2021
THE ABROGATION OF THE SUPREMACY OF THE CONSTITUTION IN THE DOMESTIC LAW OF THE EU MEMBER STATES BY THE JUDGMENTS OF THE CJEU OF 18 MAY 2021 AND 21 DECEMBER 2021. FIRST EU "TROPHY" - 2021

Summary/Abstract: 1. The text of Art. 4 para. (2) TEU is a guiding light in understanding the principles of EU law and the relationship between the EU and the national Member States, but especially between EU law and their national law and between the CJEU and the constitutional courts. This text does not allow any EU institution, and in particular the CJEU, to issue unilateral acts that would undermine the internal supremacy of the Constitution, the independence and impartiality of the judiciary by improperly "unbinding" them from their oath to COMPLY WITH Article 1(5) of the Constitution. 2. A reading of the TEU and TFEU reveals the lack of competence of the CJEU to rule on the indirect suspension of a Constitution, such a measure, as an interpretative effect of derived EU legal acts, being an abuse of power, equal to repealing the legislative normative competence, which belongs, in the co-decision procedure, to the institutional triad - Commission, EU Council and Parliament. By such a judgment the CJEU has infringed the values guaranteed by Articles 2-6 TEU, in particular: "equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and CONSTITUTIONAL, to the constitutional traditions common to the Member States...", which also constitute "general principles of Union law" (Art. 4-2 TEU). 3. On the other hand, the CJEU, while expressly acknowledging in this judgment that: "the rules governing the organisation of justice in the Member States fall, in principle, within their competence", analyses and decides on this question and the effects produced, noting, without reference to an incidental text in the Treaties, that "the case law of the CCR in this matter creates a SYSTEMIC RISK of impunity for acts which constitute serious offences of fraud and which would damage the financial interests of the Union or corruption" (?!). 4. At the same time, in line with the CJEU judgment of 18 May 2021, the Court, and by this judgment of 21 December 2021, adopted by the Grand Chamber, ruled that: "The CVM is binding in ALL ITS ELEMENTS (?!) for Romania", i.e. also the reports, the recommendations therein, as well as the objectives exploited by the Commission in the 15 years of "failed interim cooperation" (2007-2021), which also illustrates a new arrogation of legislative power, in violation of Articles 288-289 TFEU.

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