Utilizarea regulamentelor Uniunii Europene de Curtea Constituţională a României

Dragoş CĂLIN

ABSTRACT

In performing the constitutionality review, the Constitutional Court of Romania subordinates the use of a rule of law of the European Union, as a rule interposed to the reference, by the fact that the rule is sufficiently clear, precise and unambiguous or its meaning must have been established clearly, precisely and unambiguously by the Court of Justice of the European Union, on the one hand, and that rule must be constitutionally relevant to such a degree that its legislative content underpins a possible breach of the Constitution - the only direct reference provision in the context of a review of constitutionality - by the national law, on the other hand.

The experience of the Constitutional Court of Romania does not appear to be complex regarding the use of EU regulations, as a justification argument, circumstantial argument, as a simple reference or in an inappropriate context,...