Principiul primordialității dreptului Uniunii Europene și ideea identității constituționale promovată de Curtea Constituțională a României
The principle of primacy of European Union law and the idea of constitutional identity promoted by the Constitutional Court of Romania

Summary/Abstract: The principle of the primacy or supremacy of European Union law over the national law of the Member States is a principle without which the supranational organization of the European Union cannot function effectively. This principle has been elaborated and detailed through the case law adopted by the Court of Justice of the European Union and subsequently recognized in Declaration No. 17 annexed to the Treaty of Lisbon. However, the national courts of the Member States from time to time question the aforementioned principle and among them also appeared the Constitutional Court of Romania, which by adopting Decision no. 390, 8th of June 2021 tried to oppose to this principle the supremacy of "constitutional identity". The present study summarizes and analyzes the position of the Constitutional Court, identifies its weaknesses and tries to draw attention to the inapplicability of the argument used by this court.

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