Fundamental values - the basis of supremacy of European Union Law Cover Image
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Valorile fundamentale – temei al supremației dreptului Uniunii Europene
Fundamental values - the basis of supremacy of European Union Law

Author(s): Gabriel-Liviu Ispas
Subject(s): Constitutional Law, EU-Legislation
Published by: C.H. Beck Publishing House - Romania
Keywords: supremacy; sovereignty; fundamental principles; rule of law; CJEU jurisprudence;

Summary/Abstract: The article develops the concept of supremacy, as it emerges from the jurisprudence of the CJEU, but also states' positions in an attempt to limit its effects. Membership of the Union, which is not a straitjacket for the states, generates correlative obligations, especially in respect of the fundamental values provided for in the treaties, and the attitude of contesting the supremacy of Union law can affect the functioning of the institutions. The elements regarding the rule of law, the independence of justice and the status of judges are addressed, as well as the need for mutual recognition of court decisions between member states. The situation of Romania is exposed, a possible emblematic case in the Union, by referring to the recent decisions of the CJEU regarding the obligation of the MCV, the rule of law and the priority application of European norms, when the financial interests of the European Union are affected or when there is a risk of impunity.

  • Issue Year: XXI/2022
  • Issue No: 7
  • Page Range: 377-382
  • Page Count: 6
  • Language: Romanian