Condițiile impuse pentru folosirea unei norme de drept al Uniunii Europene în cadrul controlului de constituționalitate
The requirements for using a rule of the EU law in the constitutionality review
Author(s): Mihaela Mazilu-BabelSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: interstitial rule; constitutionality review; rules of law of the EU; the Constitutional Court of Romania.
Summary/Abstract: The article is based on a constant case law of the Constitutional Court of Romania where the expression of “interstitial rule” appears as a leitmotif. Under this rule, any rule of law of the European Union whose content is sufficiently clear, precise and unambiguous, and at the same time proves a certain level of constitutional relevance, will be applied within a compliance control operated by the constitutional court. Therefore, these conditions are examined in detail and also some legal proposition is designed to facilitate the situation of the direct “beneficiary” of such an enforcement – the European litigant.
Journal: Revista „Dreptul”
- Issue Year: 2013
- Issue No: 11
- Page Range: 181-191
- Page Count: 11
- Language: Romanian
- Content File-PDF