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But individual countries within the EU can and do have constitutions. Here's title 2, chapter 2, article 28[1] of Romania's constitution: > Secretul scrisoril

But individual countries within the EU can and do have constitutions. Here's title 2, chapter 2, article 28[1] of Romania's constitution: > Secretul scrisorilor, al telegramelor, al altor trimiteri poştale, al convorbirilor telefonice şi al celorlalte mijloace legale de comunicare este inviolabil. > Secrecy of the letters, telegrams and other postal communications, of telephone conversations, and of any other legal means of communication is inviolable. [1]: http://www.cdep.ro/pls/dic/site2015.page?den=act2_1&par1=2&idl=2 http://www.cdep.ro/pls/dic/site2015.page?den=act2_1&par1=2&i...

denton-scratch 4y ago
A number of Eastern European countries joined the EU without first bringing their domestic legislation into line with the European treaties. Unsurprisingly, some of those countries have dragged their feet about coming into compliance after the fact. This is one reason I was in favour of Brexit. That "title 2 chapter 2" seems reasonable enough to me; but it's a problem if an EU Regulation comes into conflict with the constitution of a member state. If a member state's constitution can override EU legislation, then there's no EU to speak of any more. Any state could then sidestep EU Regulation by simply passing a constitutional clause that declares it unconstitutional. What I'm saying is that EU Regulations override the legislation of member states, which are required to be in compliance with Regulations. If Romania has a constitutional clause that is overridden by a new Regulation, that Regulation isn't unconstitutional; rather, the clause ceases to be law (or Romania leaves the EU).
- vageli 4y ago
  That doesn't seem to be the case uniformly across Europe, as several states have invalidated EU law primacy when it conflicts with their constitution. https://en.wikipedia.org/wiki/Primacy_of_European_Union_law https://en.wikipedia.org/wiki/Primacy_of_European_Union_law

denton-scratch 4y ago

A number of Eastern European countries joined the EU without first bringing their domestic legislation into line with the European treaties. Unsurprisingly, some of those countries have dragged their feet about coming into compliance after the fact. This is one reason I was in favour of Brexit. That "title 2 chapter 2" seems reasonable enough to me; but it's a problem if an EU Regulation comes into conflict with the constitution of a member state. If a member state's constitution can override EU legislation, then there's no EU to speak of any more. Any state could then sidestep EU Regulation by simply passing a constitutional clause that declares it unconstitutional. What I'm saying is that EU Regulations override the legislation of member states, which are required to be in compliance with Regulations. If Romania has a constitutional clause that is overridden by a new Regulation, that Regulation isn't unconstitutional; rather, the clause ceases to be law (or Romania leaves the EU).

vageli 4y ago
That doesn't seem to be the case uniformly across Europe, as several states have invalidated EU law primacy when it conflicts with their constitution. https://en.wikipedia.org/wiki/Primacy_of_European_Union_law https://en.wikipedia.org/wiki/Primacy_of_European_Union_law