Part III

Elena Simina Tănăsescu, Ph.D., Professor, University of Bucharest, The Primacy of the Community Law in the Practise of the Romanian Constitutional Court
Romania’s accession to the European Union has been prepared well in advance, through a revision in 2003 of the Constitution. Among others, the revised Constitution expressly provides for the primacy of the community law over the entire Romanian legal system, save the fundamental law. Despite this, the Constitutional Court of Romania has not managed, so far, to internalise and entirely valorise this advantage in time and, at least during the first two years following the accession day, it tends to give the impression of some difficulties in dealing with the principle of primacy of community law.

Keywords: community law, domestic law, judicial review, primacy of community law, revision of the Constitution, treaty ratification, European arrest warrant

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