Challenges of the Knowledge Society (May 2018)
BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT
Abstract
In 2018, our country celebrates the 11 years that have passed since Romania's accession to the European Union, this year also being a preparatory year for the Romanian presidency of the Council of the European Union. Throughout its history, Romania has undergone profound transformations, one of which being the emergence of a new constitutional order after the Revolution of 1989, represented by the 1991 Constitution, revised in 2003, which established the principles of functioning of the state governed by the rule of law, as well as its operating mechanisms. The constitutional review was assigned to the Constitutional Court, as the guarantor of the Constitution's supremacy and the sole authority of constitutional jurisdiction. The jurisprudence of the Constitutional Court has been steadily evolving, but it is indissolubly linked to that of the Strasbourg Court and that of the Luxembourg Court. The Convention for the Protection of Human Rights and Fundamental Freedoms, on the one hand, and the Treaties establishing the European Union, as well as the European law, as interpreted by the Court of Justice of the European Union, are the benchmark elements of the constitutional review. In this context, it seems relevant to analyse the relationship between the Constitutional Court of Romania, the European Court of Human Rights and the Court of Justice of the European Union, from a theoretical perspective, but especially from a jurisprudential perspective
