Part I

Ion GÂLEA, Assistant Professor, Ph.D. Candidate, Critical analysis of the norms contained by the Constitution of Romania with respect to the relation between international law and domestic law
This study present the main constitutional and legal provisions on the relation between international law and domestic law, with the aim of observing the possible problems of interpretation, as well as formulating solutions that might be further taken into account.

The first part exposes the theoretical models identified by the doctrine, monism and dualism, the presentation attempting to use these models in order to frame the constitutional provisions.

With respect to customary international law, examined in the second part of the study, the text of article 10 of the Constitution leaves room for interpretation. The court practice proves also inconsistent. However, on the basis of the case-law of the Supreme Court, the study proposes the interpretation of this text in the sense of ensuring the application of customary international norms in the domestic law.

The third part examines the status of international treaties. The main problems are related to the interpretation of article 11 of the Constitution, according to which treaties form integral part of the domestic law, but no definition is given to their legal force. Although doctrine considered traditionally that treaties have the same legal force as laws, the study proposes that article 11 paragraph 1 of the Constitution, providing that the Romania commits to respect fully and in good faith obligations resulting from international treaties, should be interpreted in the sense of ensuring primacy of treaties over internal laws. In order to interpret the above mentioned constitutional norm, certain principles of customary international law, integrated in the domestic law through Law no. 590/2003 on treaties, should also be taken into consideration. At the same time, the study examines the treaties in the field of human rights that prevail over internal laws according to the express provisions of the Constitution.

The final part of the study draws proposals with respect to the interpretation of the constitutional provisions and with respect to the improvement of those texts in the perspective of a constitutional amendment.

Keywords: monism, dualism, constitutional provisions, customary international law, primacy of treaties over internal laws, human rights
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