BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT
In 2018, our country celebrates the 11 years that have passed since Romania's accession to the European Union, this year also being a preparatory year for the Romanian presidency of the Council of the European Union. Throughout its history, Romania has undergone profound transformations, one...
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_043.pdf |
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| author | Cristina TITIRIŞCĂ |
| author_facet | Cristina TITIRIŞCĂ |
| author_sort | Cristina TITIRIŞCĂ |
| collection | DOAJ |
| description | In 2018, our country celebrates the 11 years that have passed since Romania's accession to the European Union, this
year also being a preparatory year for the Romanian presidency of the Council of the European Union. Throughout its history,
Romania has undergone profound transformations, one of which being the emergence of a new constitutional order after the
Revolution of 1989, represented by the 1991 Constitution, revised in 2003, which established the principles of functioning of
the state governed by the rule of law, as well as its operating mechanisms. The constitutional review was assigned to the
Constitutional Court, as the guarantor of the Constitution's supremacy and the sole authority of constitutional jurisdiction. The
jurisprudence of the Constitutional Court has been steadily evolving, but it is indissolubly linked to that of the Strasbourg Court
and that of the Luxembourg Court. The Convention for the Protection of Human Rights and Fundamental Freedoms, on the
one hand, and the Treaties establishing the European Union, as well as the European law, as interpreted by the Court of Justice
of the European Union, are the benchmark elements of the constitutional review. In this context, it seems relevant to analyse
the relationship between the Constitutional Court of Romania, the European Court of Human Rights and the Court of Justice
of the European Union, from a theoretical perspective, but especially from a jurisprudential perspective |
| format | Article |
| id | doaj-art-a9d531f3d33b48a3a5f85169ae2b5e5b |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2018-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-a9d531f3d33b48a3a5f85169ae2b5e5b2025-01-02T15:24:00ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-700704BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURTCristina TITIRIŞCĂ0PhD, Parliamentary advisor at the Legislative Department of the Chamber of Deputies, currently advisor at the Office of the President of the Constitutional Court, member of SRDE (e-mail: cristina_titirisca_r@yahoo.com)In 2018, our country celebrates the 11 years that have passed since Romania's accession to the European Union, this year also being a preparatory year for the Romanian presidency of the Council of the European Union. Throughout its history, Romania has undergone profound transformations, one of which being the emergence of a new constitutional order after the Revolution of 1989, represented by the 1991 Constitution, revised in 2003, which established the principles of functioning of the state governed by the rule of law, as well as its operating mechanisms. The constitutional review was assigned to the Constitutional Court, as the guarantor of the Constitution's supremacy and the sole authority of constitutional jurisdiction. The jurisprudence of the Constitutional Court has been steadily evolving, but it is indissolubly linked to that of the Strasbourg Court and that of the Luxembourg Court. The Convention for the Protection of Human Rights and Fundamental Freedoms, on the one hand, and the Treaties establishing the European Union, as well as the European law, as interpreted by the Court of Justice of the European Union, are the benchmark elements of the constitutional review. In this context, it seems relevant to analyse the relationship between the Constitutional Court of Romania, the European Court of Human Rights and the Court of Justice of the European Union, from a theoretical perspective, but especially from a jurisprudential perspectivehttp://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_043.pdfConstitutional CourtEuropean Court of Human RightsCourt of Justice of the European Unionjurisdictionrelationship |
| spellingShingle | Cristina TITIRIŞCĂ BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT Challenges of the Knowledge Society Constitutional Court European Court of Human Rights Court of Justice of the European Union jurisdiction relationship |
| title | BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT |
| title_full | BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT |
| title_fullStr | BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT |
| title_full_unstemmed | BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT |
| title_short | BRIEF CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE ROMANIAN CONSTITUTIONAL COURT, THE STRASBOURG COURT AND THE LUXEMBOURG COURT |
| title_sort | brief considerations on the relationship between the romanian constitutional court the strasbourg court and the luxembourg court |
| topic | Constitutional Court European Court of Human Rights Court of Justice of the European Union jurisdiction relationship |
| url | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_043.pdf |
| work_keys_str_mv | AT cristinatitirisca briefconsiderationsontherelationshipbetweentheromanianconstitutionalcourtthestrasbourgcourtandtheluxembourgcourt |