Acta Universitatis Danubius. Juridica, Vol 2, No 1 (2006)

Abstract

The International treaties which have as their object the domain of human rights have priority over domestic laws; in this case the international norms on internal law will prevail. Priority plays a role only in connection with legal norms, without discussing the removal or neutralization of the constitutional norms. The International treaties have a superior legal force towards the national law, while constitutions hold a higher position than the treaty, in the hierarchy of internal legal norms. It is noted that it is taken into consideration all the treaties (pacts also being treaties) to which Romania is a party, but only when these treaties refer to the fundamental human rights. Reporting is done exclusively at the legal instruments (treaties) and the hypothesis does not cover the Universal Declaration of Human Rights.