Dialogul dintre instanţele constituţionale şi Curtea de Justiţie a Uniunii Europene prin intermediul trimiterii preliminare. Condiţii, particularităţi. Cazul României
The Dialogue between Constitutional Courts and the Court of Justice of the European Union through the Preliminary Ruling Procedure. Conditions and Particular Features. The Case of Romania

Summary/Abstract: This article analyses the dialogue between constitutional courts and the Court of Justice of the European Union (CJEU) through the preliminary ruling procedure provided by article 267 of the TFEU. The analysis explores the evolution of this instrument, from the initial reluctance of constitutional courts to its gradual acceptance as an effective method for harmonizing standards of protection of fundamental rights and national constitutional traditions with European Union law, within the limitations inherent to the jurisdiction and powers of constitutional courts. The conditions for the admissibility of preliminary rulings, as developed in the case law of the CJEU, are discussed, along with the particular situation of national courts whose decisions are not subject to appeal. The article analyzes how the Constitutional Court of Romania has incorporated the preliminary ruling mechanism into its case law, in the two forms of constitutional review of laws: a priori review, before the laws are signed and enter into force, as well as a posteriori review, by using the exceptions of unconstitutionality.

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