Application of the Charter Of Fundamental Rights of the European Union in Constitutionality Review

Abstract

Charter of Fundamental Rights is a summary document from the constitutional traditions common to the Member States, the international commitments of the state and the practice of the European Court of Justice in the field of human rights, by selecting the essential ideas and the maximum generalization, and by that the general principles of European law. In principle the EU Charter of Fundamental Rights, is applicable in the constitutionality review as it provides guarantees and develop constitutional provisions regarding fundamental rights. Regarding the Member States, the Court of Justice in Luxembourg follows that they are obliged to respect fundamental human rights as defined in the EU if they are implementing Union law. Invoking the provisions of the Charter in the constitutional review in Romania must be done in relation to Article 148 of the Constitution and not in relation to Article 20 of the Constitution which refer to international human rights treaties. The main objective of the paper is to analyze the manner in which the provisions of the European Union Charter of Fundamental Rights are applied to the Romanian national legal framework in direct connection with the constitutionality review.