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Aplicarea dispoziţiilor Cartei Drepturilor Fundamentale a Uniunii Europene ca norme de valoare constituțională în cadrul controlului de constituţionalitate

Applying the provisions of the Charter of Fundamental Rights of the European Union as constitutional value norms within the Constitutional control

Author(s):
Mazilu-Babel, M.
Published in:
Revista de Stiinte Juridice, 2014
Page numbers:
pp 51-63
Publication year:
2014
The aim of the paper is to analyse the way in which the Romanian Constitutional Court chose to insert the provision of the Charter of Fundamental Rights of the European Union, within the constitutional substantial review. Within the subject, the paper sends also to the specific case law of the other national constitutional courts of the EU Member States in which the Charter's provisions were applied, either directly or indirectly, as reference norms. The start of the analysis is going to be the Decision no. 871/2010 in which the Constitutional Court underlined, for the first time, the conditions in which the Charter is going to be applied, namely when it ensures, guarantees and develops the constitutional provisions within the field of fundamental rights' protection.