In the context of European opening and integration, the constitutional courts cannot remain captive in strict positivist legal empiricism and within the limits of immutable jurisprudence, but, in the exercise of their jurisdictional powers, must rise to the level of a unitary and harmonizing integrative vision in order to synchronize and consolidate the European constitutional order. Without this approach,constitutional courts tend to isolate themselves in a closed, self‑sufficient,autarchic legal system. Regarding the typology and content of the relations between the two legal orders – the national and the European ones – there is a certain concern at the level of some segments of the Romanian society, sometimes even of some specialists in the field or within some public institutions, regarding the application of the principle of the priority of law of the Union in the relationship with the supremacy of the country’s Constitution and, as a consequence, affecting the sovereignty of the Romanian state. The article pleads for safeguarding the constitutional order in Romania, for ensuring constitutional guarantees regarding the respect of citizens’ fundamental rights. The negative aspects of the law drafting process are revealed.
Keywords: Constitutional Court of Romania; Court of Justice of the European Union; constitutionalism; rule of law; legal language
https://studii.crifst.ro/wp-content/uploads/2024/11/BADESCU1-11.pdf
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