The Independences of Judges at the Confluence between the Primacy of the National Constitutional Law and the Primacy of the European Union Law

Abstract

The Constitutional control in Romania implies the obligation of the courts to apply the decisions of the Constitutional Court and may involve the disciplinary sanctioning of judges for non-compliance with these decisions. Some judges considered that this mechanism may affect their independence, especially if the EU law may come into conflict with the decisions of the Constitutional Court. Our paper highlights that a proper understanding of the constitutional control underlines the essential role of the Constitutional Court for the protection of the democratic state and of the values of the European Union through its dialogue with the CJEU and with the national courts.

Keywords

• constitution
• eu law
• primacy
• independence
• vulnerability