Unele considerente privind corelația dintre jurisdicția europeană și jurisdicția constituțională națională
Some Considerations Regarding the Relationship Between European Jurisdiction and National Constitutional Jurisdiction

Author(s): Cristian Popa, Romeo-Ioan Gârz
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation, Comparative Law
Published by: Universul Juridic
Keywords: European law; constitutionality; the rule of law;
Summary/Abstract: Through the effects produced at international level, the European law is highlighted both by its autonomy and uniformity, but especially by the obligation applied non-discretionarily to all the Member States of the European Union, as a result of the establishment of an efficient system of judicial protection. The instruments created by the European institutions for the unitary implementation of the norms at national level have, over time, been widely applied, managing to cope effectively with the situations in which the principles of European law have encountered difficulties of application by the state jurisdictions. However, within the process of implementing European norms, a series of dysfunctions in relation to the national regulations have arisen, situations for whose resolutions have effectively competed both the pre-eminence of the European values, established in the treaties, and the exercise of the sovereign prerogatives of national law. At the same time, the states have created a set of constitutional mechanisms designed to facilitate the connection of European norms with the democratic and internal societal needs. In this respect, by linking national constitutional requirements to European jurisprudence, a fair and unitary relationship at European level of complementarity between objectives and means pursued and protection of human rights is created.

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