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10th March 2022
General Development

Op-Ed : “Constitutional Court versus EU Law – A Romanian Saga. The Judgment in Case C-430/21 RS” by Bianca Selejan-Guțan

Initial context 

Following controversial changes brought to the laws on the judiciary in 2018 and aimed, more or less surreptitiously, to undermining judicial independence, the Court of Justice received a long series of preliminary ruling requests from Romanian national courts which were suddenly facing a confusing situation: they had to apply legal provisions – upheld by Constitutional Court decisions - that seemed to be contrary to certain EU law requirements, especially regarding rule of law and judicial independence. This Op-Ed will focus on the last stage of this ‘primacy saga’, namely the latest judgment of the Court of Justice dealing with the role of the Constitutional Courts in applying the primacy of the EU law. 

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