CJEU violates sovereignty of national states: Cristian Terheș for Rock Rachon

“Clearly, the decision of the Court of Justice of the European Union (CJEU) is violating the sovereignty of the national states,” said Rock Rachon’s guest, Romanian MEP Cristian Terheș. He was commenting on Tuesday’s ruling of the CJEU, which states that judges cannot be disciplined for refusing to apply a national constitution when they invoke EU law.

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In May this year, the CJEU ordered Romanian courts to bypass the national constitution in disciplinary cases against judges. In response, the country’s Constitutional Court ruled in June that Luxembourg judges had exceeded their powers and stressed that the Romanian constitution took precedence over treaties.

On Tuesday, December 21, the CJEU issued a judgement in a case concerning the independence of judges in Romania and the “superiority” of EU law.

“EU law does not prevent the judgments of the Constitutional Court from being binding on common courts, provided that the independence of the Constitutional Tribunal from the legislative and executive powers is guaranteed in particular. On the other hand, EU law excludes disciplinary liability of national judges for non-compliance with such decisions,” an excerpt from the CJEU ruling reads.

According to many, this judgement “disarms” the constitutional systems of the EU Member States.

“Clearly, the decision of the Court of Justice of the European Union (CJEU) is violating the sovereignty of the national states,” Cristian Terheș, Romanian MEP, stressed.

“What this decision is also violating is what we call ‘the rule of law’,” he pointed out, adding that “even in communism such a thing was unthinkable.”

Mr Terheș stressed that national constitutions stand above European law.

“They [European bureaucrats] are trying to take… increasingly more power from the national governments,” he emphasised.

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