THE EUROPEANIZATION OF ROMANIAN CONSTITUTIONAL LAW FOLLOWING THE ACCESSION TO THE EUROPEAN UNION

Genoveva Vrabie[1]

Abstract

Starting from the description of how the fundamental law of Romania had been revised in 2003, so that its texts be in accordance with the fundamental principles that govern the European legislation, the author promotes several critical ideas, regarding the manner in which the revision of the Constitution had been made. The autor comments on the texts that contradict each other, highlights the “silence” of the law and, furthermore, she ascertains an essential fact: in most European constitutions, the “European provision” is pasted in the fundamental constitutional texts, without the constitutional norms being harmonized. This is the reason why the author suggests the elaboration of a Constitution of a “European model”, the result of esteemed specialists’s work, a model that could inspire, persuade and attract the national constituent. The new ideas of state, sovereignty, constitution and its supremacy should be thought in accordance to this model. And also, it should be reasoned upon the juridical nature of the European Union which, without being a STATE, exercises state functions.

Keywords: Europeanisation, Constitutional law, European Union, Romania, state, sovereignty

[1] Professor Genoveva Vrabie, Ph.D., is the Rector of "Mihail Kogălniceanu" University, Iaşi, Romania

Download