Constitutional Landmarks and de lege ferenda Proposals on the Relationship between International Law and Domestic Law in Romania

Professor Dr. Bogdan AURESCU*

Senior Lecturer Dr. Ion GÂLEA**

Abstract: An important part of a Constitution is represented by the relationship between international law and domestic law. The relevant provisions of the Constitution of Romania cover the status of international customs and treaties (depending on whether the latter regulate fundamental human rights or not), as well as the powers of the President concerning treaty conclusion. However, these constitutional provisions may require amendments in order to reflect the current trends in State practice, in order to avoid any divergent interpretations and ensuring respect for international law by all State authorities.

Key-words: Constitution; revision; primacy; monism; dualism; de lege ferenda; incorporation

* Bogdan Aurescu is Professor of Public International Law of the University of Bucharest. Member of the International Law Commission of the UN. President of the International Law Section of the Romanian Association of International Law and International Relations (the Romanian Branch of the International Law Association – London) and editor-in-chief of the Romanian Journal of International Law. He is also member of the Permanent Court of Arbitration, substitute member of the Venice Commission of the Council of Europe. Former Government Agent for the European Court of Human Rights (2003-2004), former Secretary of State for European Affairs (2004-2005), former Secretary of State for Strategic Affairs (2009-2010, 2012-2014), former Secretary of State for Global Affairs (2012) within the Ministry of Foreign Affairs, former Agent of Romania before the International Court of Justice in the Maritime Delimitation in the Black Sea case (2004-2009). Former Minister of Foreign Affairs of Romania (2014-2015). Currently, he is Presidential Advisor for Foreign Policy to the President of Romania.The opinions expressed in this article are solely the author’s and do not engage the institutions he belongs to.

** Ion Gâlea is Senior Lecturer in Public International Law and International Organizations at the Faculty of Law of the University of Bucharest. Fotrmer director general for legal affairs (legal advisor) within the Ministry of Foreign Affairs of Romania. Currently, he is the Romanian Ambassador to the Republic of Bulgaria. The opinions expressed in this paper solely the author’s and do not engage the institutions he belongs to.

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