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Revisions constitutionnelles techniques concernant les rapports entre le droit europeen des droits de lʹhomme et le droit Roumain

The Romanian Constitution of 1991, revised in 2003, established three principles governing the relationship of International law of human rights with the Romanian domestic law: direct applicability, priority and subsidiarity. In order to clarify\r\ncertain texts, to eliminate the possibility of erroneous interpretation, to correct certain errors, as well as to give a formal value to the constant and principial case‐law of the Constitutional Court and of the High Court of Cassation and Justice, some technical amendments of the constitutional texts are necessary. In our view, the Constitution should include, as regards the direct applicability and the priority, express references to the European Convention on Human Rights, to the European Social Charter, to the EU Charter of Fundamental Rights, to the case‐law of the European Court of Human Rights and to the human rights case‐law of the European Court of Justice, as well as to the change of wording the subsidiarity principle, applicable in respect of the entire domestic law. These technical changes do not affect the right of the secondary constitutional legislator, jointly represented by the Parliament and the people, to adopt substantial changes (expression of a legal and political will), respecting, in the same time, the substantial limit of constitutional revision on the preservation of the present protection level.