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The Dialogue of Constitutional Judges

Tudorel Toader and Marieta Safta

This book, both internally and internationally, determines the constitutionalization and uniformity of law, respectively the overall strengthening of the protection of values of the rule of law. The authors present the mechanisms of institutional cooperation between the Constitutional Court and the Court of Justice of the European Union, the European Court of Human Rights, the other constitutional courts, the Venice Commission, the Parliament, the President of Romania, the Government, the Advocate of the People, the courts of law and the media.
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II. The Dialogue of the Constitutional Judges at International Level


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II.  The Dialogue of the Constitutional Judges at International Level

1.  Constitutional framework156

It was claimed157 that the incorporation of international acts on human rights to the constitutions of the states represents one of the current trends at global level158 and one of the ways – perhaps the most important – by which the constitutions become “international” or “internationalized”. To the extent that the rights guaranteed by the constitutions are convergent or even identical to those included in international documents, the constitutions become rather international, with consequences for the entire national legal system.

Falling into these trends, the constitutions of the European states that have recently adopted democratic regimes, as in the case of Romania, contain substantial chapters159 dedicated to fundamental rights and freedoms with regulations accepted from international documents in the matter. Likewise, some of the new constitutions expressly enshrine the direct applicability and the higher legal status within the legal order of these acts, as well as the obligation of the courts to ensure their direct application160. Thus, for example, the Constitution of Bosnia and Herzegovina161, in Article II – “Fundamental rights and freedoms" – provides in point 1 that it will ensure the highest level of protection of the fundamental rights and freedoms recognized internationally, and in point 2 that the rights and freedoms set out in the Convention for the Protection of Human Rights and in Additional Protocols shall apply directly to Bosnia and Herzegovina and take precedence over all...

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