CJEU rules constitutional courts can not claim it exceeded its jurisdiction

A ruling issued by the Court of Justice of the European Union (CJEU) on Tuesday, February 22, says that a judge could not be disciplined for enforcing EU law and for breaching a decision of the Constitutional court of Romania, G4media.ro reported.

The CJEU reiterates that European law takes precedence over the national law of a Member State.

The CJEU has also ruled that a constitutional court of a Member State may not rule that the CJEU has ruled beyond its jurisdiction, nor may it reject a CJEU judgment.

The CJUE issued these rulings after the Romanian Constitutional Court rejected, in a statement issued on December 23, the major decision of the EU Court of Justice, according to which national judges may not apply the decisions of the Constitutional Courts that are contrary to EU law.

"In practical terms, the effects of this Decision [of CJUE] can take place only after the revision of the Constitution in force, which, however, cannot be done by law, but exclusively at the initiative of certain subjects of law, in compliance with the procedure and under the conditions provided in the Romanian Constitution," reads a CCR statement from that time.

andrei@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)

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CJEU rules constitutional courts can not claim it exceeded its jurisdiction

A ruling issued by the Court of Justice of the European Union (CJEU) on Tuesday, February 22, says that a judge could not be disciplined for enforcing EU law and for breaching a decision of the Constitutional court of Romania, G4media.ro reported.

The CJEU reiterates that European law takes precedence over the national law of a Member State.

The CJEU has also ruled that a constitutional court of a Member State may not rule that the CJEU has ruled beyond its jurisdiction, nor may it reject a CJEU judgment.

The CJUE issued these rulings after the Romanian Constitutional Court rejected, in a statement issued on December 23, the major decision of the EU Court of Justice, according to which national judges may not apply the decisions of the Constitutional Courts that are contrary to EU law.

"In practical terms, the effects of this Decision [of CJUE] can take place only after the revision of the Constitution in force, which, however, cannot be done by law, but exclusively at the initiative of certain subjects of law, in compliance with the procedure and under the conditions provided in the Romanian Constitution," reads a CCR statement from that time.

andrei@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)

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