SUPREMAŢIA DREPTULUI UNIUNII EUROPENE ŞI SUPREMAŢIA CONSTITUŢIEI - SCURT COMENTARIU AL DECIZIEI CJUE [LIN] DIN 24 IULIE, PRONUNŢATĂ ÎN CAUZA C-107/23, AVÂND CA OBIECT O CERERE DE DECIZIE PRELIMINARĂ FORMULATĂ ÎN TEMEIUL ARTICOLULUI 267 TFUE DE CURTEA
THE SUPREMACY OF EUROPEAN UNION LAW AND THE SUPREMACY OF THE CONSTITUTION - BRIEF COMMENTARY ON THE DECISION OF THE CJEU [LIN] OF 24 JULY IN CASE C-107/23 CONCERNING A REFERENCE FOR A PRELIMINARY RULING UNDER ARTICLE 267 TFEU FROM THE COURT OF APPEAL

Summary/Abstract: The qualification of the relationship between constitutional law and the law of the European Union represents a challenge for professionals of law, and the consequences arising from the qualification of this relationship as strictly subordination prefigure an identity crisis of contemporary constitutionalism. The unlimited subordination of contemporary constitutional law to the law of the European Union may call into question the theory of the supremacy of the constitution and the national sovereignty of the member states, at least at this stage when we cannot call the European Union a federation. We cannot ignore the fact that the European Union exists, and the institutions within it operate, based on treaties, and the member states have confirmed the concede of a certain part of their national sovereignty by revising their national constitutions. In a direct manner, we can affirm that the supremacy of European Union law is constitutional, if it manifests itself within the limits in which it was recognized by the member states, meaning that the two legal orders can coexist without an unlimited subordination.

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