Supremația dreptului UE și relația acestui principiu cu jurisprudența instanțelor naționale de control constituțional
The supremacy of EU law and its relationship with the national constitutional courts jurisprudence

Summary/Abstract: The principle of the EU law supremacy on the national law has been established by the CJEU jurisprudence and it is part of the Declaration no. 17 of the Intergovernmental Conference that adopted the Treaty of Lisbon. Even if it is not included in some norms, this principle is fundamental for defining the EU law order. It refers to infra-constitutional, as well as constitutional norms of EU Member States. The supremacy does not have a clear content but it is in constant change, as two recent decisions of the CJEU referring to Romania shows. These cases have created a precedent for other national courts having the right to check the consitutionnality of laws. Because of this evolution of jurisprudence, supreemacy became a suplimentary guarantee that a national court in charge with examining constitutionality will act always within the limits of the EU law general principles, even in the cases when invoking only the Constitution per se could be considered as a limit of supremacy.

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