Part II

The Romanian Constitution requires the direct application, with supra-legislative force, of international human rights conventions and of Union and Community law.

In their case law, the Constitutional Court and the High Court of Cassation and Justice have made serious distinctions between the Council of Europe, on the one hand, and the European Communities and the European Union, on the other—that is, between European human rights law under the Convention and Community and Union law.

This unacceptable confusion demonstrates the blatant professional incompetence of certain judges of Romania’s two supreme courts and hinders the genuine and effective implementation of international human rights law and European Union law within the national legal system.