Zásada přednosti práva EU a míra její akceptace v Rumunsku
Principle of Primacy of EU Law and the Degree of Its Acceptance in Romania

Summary/Abstract: This paper deals with the issue of the principle of primacy of EU law, with an emphasis on the recent development of this issue from the Romanian perspective, resp. on the recent cases decided by the CJEU in relation to the issue of the principle of primacy of EU law on the one hand, and the position of the Constitutional Court of Romania in the context of the CJEU decisions on the other hand. Against the background of the cases at hand is the extensive national reform of the Romanian judiciary culminating between the years 2017 and 2019. The above-mentioned “jurisprudential excursion” to Romania confirms the trend of (occasional) resistance of the constitutional courts of the Member States to the absolute primacy of EU law, currently a priori in relation to the question of the organisation of the judiciary and the application of EU law by national courts in a manner inconsistent with the national constitutional order and the case law of the constitutional court.

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