By: Eli Doron, Adv; Yaron Tikotzky, Adv, (C.P.A); Dr.Slomo Nass, Adv, (C.P.A)


According to the dispositions of the Constitution of Romania, regarding the relation between the international legislation and the internal (national) law, the Romanian state undertakes to fulfill exactly and in good faith, the obligations deriving from the international treaties it is party to. In case of a treaty in which Romania is about to become a party includes certain dispositions contrary to the Constitution of Romania, its ratification can be made only after reviewing the Constitution.

A special case is represented by the international treaties regarding the human rights. In this respect, the Constitution of Romania stipulates that the constitutional dispoitions regarding the human rights and liberties shall be interpreted and applied in accordance with the Universal Declaration of Human Rights, the coventions and other treaties in which Romania is part. If there are inconsistencies between the conventions and treaties on fundamental human rights to which Romania is party, and the national laws, international regulations shall prevail, unless the Constitution of Romania or the national laws contains more favorable dispositions.

In conclusion, the judge from Romania, who became now – after January 1, 2007 – a judge in the European Community, has the obligation to apply directly the European law, in case of incompatibility between the national law and the international law, under the principle of direct effect and supremacy of the European legislation.

Thus, any national court has the obligation to apply the European law, in each case under its jurisdiction, in its entirety and protect the rights which it confers to citizens and therefore, it is prohibited to apply any dispositions of national law which could come in conflict with the European law, either before or after entry into force of the respective international regulation.
 

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