Consecinţe ale receptării jurisprudenţei Curţii de Justiţie a Uniunii Europene şi a Curţii Europene a Drepturilor Omului în jurisprudenţa Curţii Constituţionale în materie administrativă

Andreea COSTIN

BENKE Karoly

ABSTRACT

Traditionally, the role of constitutional courts is to ensure the supremacy of the Constitution that means that the Constitution is the sole standard of reference in carrying out their responsibilities. Over the time, even if, formally, the standard of reference in the constitutional review exercised by national constitutional courts is still the Constitution, the international obligations assumed by the State require a continuous process of re-shaping its normative content. In this regard, we note that, in Romania, the Constitutional Court is entrusted to perform not only the interpretation and application of the fundamental rights and freedoms, but also of the constitutional principles and values in the light of international treaties and agreements by taking into...