30 June 2022

On 30 June 2022, the President of the Constitutional Court of Romania, Mr Marian Enache, received the visit of Prof. Dr. András Zs. Varga, President of the Hungarian Supreme Court and of Ms Corina-Alina Corbu, President of the High Court of Cassation and Justice.

The meeting was also attended, on behalf of the Constitutional Court of Romania, by Mr Cristian Deliorga, Mr Gheorghe Stan, Mr Dimitrie-Bogdan Licu, judges of the Constitutional Court of Romania, and Ms Mihaela Senia Costinescu, assistant magistrate-in-chief. The delegation of the Hungarian Supreme Court was composed of: Dr Katalin Böszörményi-Kovács, Vice-President and Dr Zsolt Csák, President of the Criminal Section

The beginning of the meeting included cordial welcome messages from both sides respectively.

At the initiative of the Hungarian side, the discussion focused on the interaction between national law and European Union law.

The President of the Hungarian Supreme Court considers that a more active dialogue between the Supreme Court and the Constitutional Court is needed in order to achieve an interinstitutional balance..

The President of the Romanian Constitutional Court highlighted the excellent level of bilateral relations with the Hungarian Constitutional Court, promoted since the establishment of the Romanian Constitutional Court in 1992. As to the topic discussed, the timeliness and similarity of the problems briefly presented require a transparent dialogue, which, however, must ensure the autonomy and independence of the constitutional judiciary, which is an essential feature of the rule of law. This is a unique and genuine solution in the implementation of European law. The case-law of our Court expresses the constitutional identity and is the expression of the will of the holder of sovereignty.

According to the participants, the European legal heritage consisting of values, principles, concepts and procedures, is undoubtedly reflected in the Constitution of each European State as an expression of the choice of the model of civilisation of Western constitutional democracy. Summing up, a functional balance between the European institutions and the Member States can ensure that the national identity is preserved through better integration/implementation, respect and understanding thereof.

In this context, the President of the Romanian Constitutional Court reiterated his willingness to engage in an interinstitutional but also informal dialogue so as to achieve an exchange of professional experience specific to each institution (the constitutional court and the supreme court, respectively).

In the same note, the President of the High Court of Cassation and Justice stressed the need that the positions with the Constitutional Court in some legal matters be harmonized and that qualitative relations of interinstitutional dialogue between the two public authorities be developed.

The Constitutional Court of Romania, in exercising its a priori and a posteriori constitutional review, which has experienced a substantial increase, delivers decisions in accordance with its constitutional powers, in order to guarantee human rights, but also the legal system and the activity of State institutions. In the same vein, President Marian Enache pointed out that, by resolving legal disputes of a constitutional nature, the Romanian Constitutional Court had, by means of pronounced solutions, restored the balance of powers in the State, our statistics being conclusive in this respect. The Constitutional Court, as arbiter and guarantor of the Constitution, is thus obliged, upon referral, to regulate the legal and political process, within the framework of constitutional democracy, to see that public institutions act in a more responsible manner and to promote balance and continuous dialogue.

On this point, the weight of the a priori and a posteriori  referrals brought by the Supreme Court of Hungary before the Constitutional Court is much smaller, whereas such referrals would entail the substantive suspension of the case, as the distinguished guest explained.

The revision of the Constitution, in 2003, the process of drafting the laws of justice, the complexity of European issues, ensuring the pre-emption of the constitutional principle of respect for national rights, can constitute a topic of unanimous dialogue for the European constitutional courts, said judge Cristian Deliorga, with brief references to the constitutional justice process.

The end of the meeting contained the congratulatory message conveyed by President Marian Enache to the distinguished guest, on the occasion of the 800th anniversary of the adoption of the first medieval document with constitutional value — the Golden Bull — issued by King Andrew II of Hungary.