The article “A Constructive Dialogue. The Court of Justice of the European Union and Romanian Courts,” which draws on the academic lecture delivered by Professor Koen Lenaerts, President of the Court of Justice of the European Union, on the occasion of the events marking the conferral of the title of Doctor Honoris Causa, held at the Faculty of Law of the University of Bucharest on March 27, 2026.

This paper analyzes the preliminary ruling procedure, as provided for in Article 267 TFEU, a mechanism that serves as the cornerstone of the European Union’s judicial system, highlighting Romania’s significant contribution to judicial dialogue. It is divided into three parts: the role of the mechanism in ensuring the uniform interpretation of Union law; the prerequisites that referring courts must meet—in particular their independence—in order to engage in a dialogue with the Court of Justice; as well as the right and obligation to refer a case to the Court, including the duties incumbent upon courts whose decisions are no longer subject to appeal. Drawing on reference cases from Romania and other Member States, this paper argues that judicial unilateralism has no place in the legal order of the Union and that the appropriate means for resolving divergences between the Court of Justice and national courts is judicial dialogue, based on mutual respect and loyal cooperation.

Keywords: preliminary ruling procedure; Article 267 TFEU; judicial dialogue; Court of Justice of the European Union; uniform interpretation; judicial independence; obligation to refer; courts of last instance; primacy of Union law; Romanian courts.