Supremația dreptului Uniunii Europene sau a Constituției?
The supremacy of European Union Law or the Constitution?

Summary/Abstract: Starting from fundamental values for any democracy, such as the rule of law, respecting the traditions of the peoples of Europe, the signatory Member States of the Treaty of Lisbon have decided "to continue the process of creating an ever closer union between the peoples of Europe ", as is stated in the Preamble to this Treaty. In creating such a Union, national diversity must also be taken into consideration, so that, nevertheless, the Union thus created must be viable, functional in order to be able to achieve the objectives proposed by the treaty. We must also emphasize that the Member States have not completely relinquished their sovereignty, but in order to ensure the functioning of the European Union, certain attributes of sovereignty have been transferred. This transfer does not imply that a hierarchy is established between national law, in particular between fundamental law, on the one hand, and European Union law, on the other, one or the other of those is superior to the other, depending on the judgment of the Court of Justice of the European Union, or on the judgement of the constitutional courts or the national supreme courts. The language used by the European "legislator", generically speaking, as well as the Court of Justice of the European Union, but also the doctrine and jurisprudence of the Constitutional Court will provide us with the resources to formulate an answer on the rule of law and the priority of European Union law.

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