II. 3. a. ii. If the Charter is not invoked by the parties, does the judge proceed to an examination of its provisions on his own motion?
The Romanian judge is under a duty to raise ex officio provisions of the Charter of Fundamental Rights. According to Article 148(2) of the Constitution, „[a]as a result of the accession, the provisions of the constituent treaties of the European Union, as well as the other mandatory Community regulations shall take precedence over the opposite provisions of the national laws, in compliance with the provisions of the accession act”.
Dragoș Alin-Călin, Daniel-Mihail Șandru
(The Charter of Fundamental Rights as apprehended by Judges in Europe, ed. Pedone, Paris, 2017, la p. 621, disponibilă aici)