Rock Rachon: Dispute between CJEU and Romania over law supremacy

The Romanian constitutional Court has recently issued a statement confirming the superiority of the country’s national constitution over EU law. It is contrary to the recent statement of the Court of Justice of the European Union (CJEU), according to which judges cannot be disciplined for refusing to apply a national constitution when they invoke the Union’s legislation.

“As long as we stick to the supremacy of the constitutional law, we hold to the principle of state sovereignty. If we abandon this, the EU will become a superstate,'' Dr Tymoteusz Zych, member of the European Economic and Social Committee and Rock Rachon’s first guest, said, commenting on the matter.

“What we have to do is to defend the sovereignty and clearly point out when the EU institutions, the CJEU, unrightfully expands its competences,” he pointed out.

As Mr Zych emphasised, “when we look back to the founding principles of the EU, it becomes clear that it was based on the cooperation between the member states having their… different legal identities.”

The programme’s second part concerned the European Commission’s idea to introduce three new levis aimed at repaying the 800 bn debt that will accumulate during the process of restarting the EU economy which is currently struggling with the ongoing COVID-19 crisis.

“This is, at the very least, the beginning of an integrated European state,” Dr Gunnar Beck, German MEP, EU Lawyer and Rock Rachon’s second guest, said, adding that the new EU taxation system would expand over time and gradually deprive the member states of their sovereignty.

“In my opinion, the current developments are clearly in contradiction to the existing EU treaties,” he assessed.

The programme’s final guest was Matthew Tyrmand - a Polish-American economist, publicist and social activist writing for “Do Rzeczy” and “Wprost” weeklies.