Fact Check: EU Parliament Did NOT Vote To End Sovereignty Of Member States' Law -- Romania Remains Sovereign

Fact Check

  • by: Lead Stories Staff
Fact Check: EU Parliament Did NOT Vote To End Sovereignty Of Member States' Law -- Romania Remains Sovereign Not Vote’s Aim

Did the European Parliament vote to erode the sovereignty of the European Union states' constitutions, causing Romania and the other member countries to lose sovereignty? No, that's not true: The vote, which took place on November 21, 2023, targeted the formal enshrinement of the principle of primacy of EU law, which has been in effect for years. That says that EU law prevails when contradictions arise between EU law and national laws in the jurisprudence of the Court of Justice of the European Union.

The claim was made in a TikTok video on November 21, 2023, (archived here) with the title (translated from Romanian to English by Lead Stories staff):

Attention! It's been voted!

This is what the post looked like on TikTok at the time of writing:

Screenshot 2023-11-23 at 13.31.00.png

(Source: TikTok screenshot taken on Thu Nov 23 10:35:41 2023 UTC)

In the video, the speaker claims that during the European Parliament's 2023 plenary session, held from November 20 to November 23, a report was voted on. According to him, this report results in (as translated) "the sovereignty of the Constitution of an EU member state, of its law, is simply destroyed." It is noteworthy that on that day, the European Parliament voted on a resolution related to the implementation of the principle of primacy of EU law (2022/2143(INI)).

The principle of primacy of EU law has evolved through the jurisprudence of the Court of Justice of the European Union (CJEU). This court resolves legal disputes involving EU institutions and national governments, individuals or organizations. Its role is to interpret EU law consistently across all member countries. The principle's effect therefore predates this year's vote and is based on the idea that, where a conflict arises between an aspect of EU law and an aspect of law in an EU member state, EU law will prevail. The principle is not explicitly stated in the EU treaties; rather, it is referenced solely in Declaration 17 regarding primacy, attached to the 2007 Treaty of Lisbon, which granted the European Union complete legal personality, such that it could, for example, sign international treaties.

The report voted on by the EU Parliament on November 21, 2023, recommends that if the EU treaties are revised, they should clearly include the principle of the primacy of EU law. This is to avoid conflicts and ensure the "equality of citizens under the law." The report also suggests that national courts should communicate effectively with the CJEU through the preliminary reference procedure and calls on the European Commission to closely observe the decisions of national courts regarding the primacy of EU law.

According to the Commission's "Areas of EU action" page, the EU can only operate in areas specified by its member states through EU treaties. Member states have restrictions on implementing laws that override EU decisions unless explicitly authorized by the EU, as Lead Stories previously explained. Member states maintain sovereign rights, and Romania's constitution remains the country's supreme law, as stated in Article 2 of the Constitution.

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  Lead Stories Staff

Lead Stories is a fact checking website that is always looking for the latest false, deceptive or inaccurate stories (or media) making the rounds on the internet.

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