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THE EU is facing yet another crisis after Romania’s top court ruled that European Court of Justice decisions (ECJ) do not have supremacy over the country’s constitution.

In a move that followed a similar decision taken by Poland’s Constitutional Tribunal earlier this year, Romania’s Constitutional Court ruled last week that a decision by the ECJ could only be applied if the country’s constitution was amended. Video

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The decision was related to a case brought by Romania’s highest court which had condemned former ministers and parliamentarians for VAT fraud and corruption in the management of European funds.

The move called into question the primacy of European law over national law, just as in Poland’s case. Reacting to the news, MEP Sophie Veld warned the issue should be ‘top of the agenda’ for European Council President Charles Michel.

She blasted: ‘If member states no longer accept the dominance of EU law and the authority of its highest court, the EU is effectively disintegrating. ‘There is a full-blown rule of law crisis, yet the European Council continues to duck the issue. It should be on top of the agenda.’

In October, Poland’s Constitutional Tribunal ruled those parts of European Union treaties were incompatible with its constitution. Poland argues that the European Union is overstepping its mandate and, in a Financial Times interview published in October, the ruling nationalist Law and Justice Party’s (PiS) Prime Minister, Mateusz Morawiecki, accused the European Commission of holding a ‘gun to our head’. Source

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