A Constructive Dialogue. The Court of Justice of the European Union and Romanian Court
A Constructive Dialogue. The Court of Justice of the European Union and Romanian Court

Summary/Abstract: The paper draws on the academic lecture given by the author at the Faculty of Law, University of Bucharest, on March 27, 2026, on the occasion of being awarded the Doctor Honoris Causa. The paper examines the preliminary ruling mechanism under Article 267 TFEU as the keystone of the EU judicial system, highlighting Romania's significant contribution to judicial dialogue. It is divided into three parts: the mechanism's role in ensuring the uniform interpretation of EU law; the preconditions — particularly judicial independence — that referring bodies must meet in order to engage in a dialogue with the Court of Justice; and the right and obligation to refer, including the duties incumbent on courts of last instance. Drawing on landmark cases originating from Romania and other Member States, the paper supports the contention that judicial unilateralism has no place in the EU legal order, and that the proper means of resolving disagreements between the Court of Justice and national courts is judicial dialogue, which is grounded in mutual respect and sincere cooperation.

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