Part III

Elena Simina Tănăsescu, Professor, Ph.D., University of Bucharest, The Priority of Applying Community Law in the Case Law of the Constitutional Court of Romania

Romania’s accession to the European Union was prepared well in advance of the scheduled date for this event, including through the revision of the Constitution in 2003. Among other things, the revised Romanian Constitution expressly provides for the systematic priority of Community law over the entire Romanian legal system, with the exception of the Fundamental Law. However, the Constitutional Court of Romania has not yet succeeded in fully internalizing and capitalizing on this head start and, at least during the first two years following accession, appears to be experiencing some difficulties in correctly applying the principle of the primacy of Community law.

Keywords: EU law, domestic law, constitutional review, primacy of EU law, constitutional amendment, ratification of treaties, European arrest warrant