CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

Ioniţa COCHINŢU

Cristina TITIRIŞCĂ

 Abstract

Given the context in which Romania finds itself - on the one hand, a national,

sovereign and independent, unitary and indivisible state and, on the other hand, its

membership to certain international structures - for example to the United Nations, to the

Council of Europe, to the European Union etc. - or Romania 's quality as a party to the

Convention for the Protection of Human Rights and other international treaties - the

natural question arises, where lies the boundary between the national sovereignty, which

presupposes the right of the state to decide freely in its internal and external affairs and

which has two components, namely the independence and the supremacy, and the

fulfilment of some obligations deriving from the membership to the above-mentioned

structures, a membership having the significance of a restriction of the powers of the state

authority, a relativization of national sovereignty.

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