Primacy of EU Law – Constitutional principle and its limits in Romania
Primacy of EU Law – Constitutional principle and its limits in Romania

Summary/Abstract: Several recent rulings by the Court of Justice of the European Union, the Romanian Constitutional Court and the High Court of Cassation and Justice raise the issue of the supremacy/primacy of European Union law over national law, especially with regard to criminal or constitutional provisions. If the European court affirms the primacy of Union law over any national rules, including those of constitutional origin, under certain conditions, the Romanian constitutional court nuances this primacy, recognizing it only partially and only in terms of domestic law and not in respect to constitutional provisions. On the other hand, the supreme court, in two recent decisions, applied the European provisions, leaving unapplied the decisions of the Romanian Constitutional Court, generating the impression of an apparent conflict between European law and national law. In the following we will analyse the appearance or reality of this conflict, but also possible solutions.

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