CCR president: There is no question of conflict between national constitutional legal order and European one

The President of the Constitutional Court (CCR), Marian Enache, declared on Friday, after a meeting with the President of the Court of Justice of the European Union (CJEU), Koen Lenaerts, that there is no question of a conflict or a hierarchy between the national constitutional legal order and the European legal order, according to a press release sent by CCR.

The discussions of the two officials focused on aspects related to the institutional cooperation between the two courts in the sense of strengthening the judicial dialogue, a basis for the perspective of new relations between the two courts, the meeting being appreciated as particularly useful for all parties.

Marian Enache argued that the meeting falls within his main objectives, as they were announced from the first day of the mandate, one of the priorities being the promotion of the institutional dialogue with the constitutional courts and the Court of Justice of the European Union.

In turn, Koen Lenaerts argued that the meeting is part of the judicial dialogue with the national courts in our country, especially with the constitutional court, which is appreciated at the CJEU level.

The Court of Justice of the European Union does not keep European Union law in a vacuum. The CJEU interprets national laws so that they are applied uniformly and equally in all member states. National law must mean the same as in Belgium, Portugal, Estonia, Greece and I can say it 27 times. For this, the CJEU needs the contribution of national courts, national courts that discover problems in EU laws, possible problems of the interaction between national and EU laws, (...) sending these problems to the CJEU, and the CJEU to interpret the national law in such a way that it is adapted to the common constitutional traditions of the member states, the president of the CJEU stressed.

Lenaerts also stated that he is "very happy" to note that the president of the CCR, Marian Enache, and his colleagues are firmly committed to contributing to the consolidation of the common constitutional space by formulating preliminary references to the Court of Justice of the European Union every time European law is relevant for the rigorous implementation of the provisions of the Romanian Constitution, which is intertwined with European law since 2003, when the text of the Fundamental Law was revised with a view to joining the EU.

In this sense, the President of the Constitutional Court emphasized that the jurisprudence of the Constitutional Court regarding the admissibility of the formulation of preliminary questions has evolved over time, and, at the present moment, the CCR can thus formulate preliminary questions regardless of the type of constitutionality control with which was vested, a priori or a posteriori.AGERPRES