Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court
<p>During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the c...
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| Format: | Article |
| Language: | English |
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Babes-Bolyai University, Cluj-Napoca
2022-02-01
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| Series: | Transylvanian Review of Administrative Sciences |
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| Online Access: | https://rtsa.ro/tras/index.php/tras/article/view/688 |
| _version_ | 1797262622182080512 |
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| author | Cynthia Carmen Curt |
| author_facet | Cynthia Carmen Curt |
| author_sort | Cynthia Carmen Curt |
| collection | DOAJ |
| description | <p>During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the context of democratic backsliding in Central and Eastern Europe, Romanian evolutions could be seen as following a regional pattern. The study proposes a critical analysis of the most important legislative evolutions in the area of justice and fight against corruption in the region, as reflected by the Cooperation and Verification Mechanism for Romania (CVM) and Rule of Law Reports, European Court of Justice and European Court of Human Rights judgements. The analysis focuses on some controversial decisions of the Constitutional Court, concerning justice laws ‘reform’ and the application of primacy of EU law principle. The study expresses a strong concern related to Romanian Constitutional Court’s tendencies to walk along the authoritarian path of politically captured courts of Poland and Hungary. The conclusions reveal the requirement for new political instruments of EU supranational intervention to safeguard democratic EU core values.</p> |
| first_indexed | 2024-03-11T11:46:12Z |
| format | Article |
| id | doaj.art-145542f854ee4b0fa36d02bc29acdf37 |
| institution | Directory Open Access Journal |
| issn | 1842-2845 |
| language | English |
| last_indexed | 2024-04-25T00:00:02Z |
| publishDate | 2022-02-01 |
| publisher | Babes-Bolyai University, Cluj-Napoca |
| record_format | Article |
| series | Transylvanian Review of Administrative Sciences |
| spelling | doaj.art-145542f854ee4b0fa36d02bc29acdf372024-03-14T07:28:38ZengBabes-Bolyai University, Cluj-NapocaTransylvanian Review of Administrative Sciences1842-28452022-02-011865486310.24193/tras.65E.3721Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional CourtCynthia Carmen Curt0Lecturer Ph.D., Department of Political Sciences, Faculty of Political, Administrative and Communication Sciences, Babes-Bolyai University, Cluj-Napoca, Romania Member of the National Integrity Council, Romania<p>During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the context of democratic backsliding in Central and Eastern Europe, Romanian evolutions could be seen as following a regional pattern. The study proposes a critical analysis of the most important legislative evolutions in the area of justice and fight against corruption in the region, as reflected by the Cooperation and Verification Mechanism for Romania (CVM) and Rule of Law Reports, European Court of Justice and European Court of Human Rights judgements. The analysis focuses on some controversial decisions of the Constitutional Court, concerning justice laws ‘reform’ and the application of primacy of EU law principle. The study expresses a strong concern related to Romanian Constitutional Court’s tendencies to walk along the authoritarian path of politically captured courts of Poland and Hungary. The conclusions reveal the requirement for new political instruments of EU supranational intervention to safeguard democratic EU core values.</p>https://rtsa.ro/tras/index.php/tras/article/view/688independence of justicejustice laws reformrule of lawconstitutional court case-lawprimacy of eu law. |
| spellingShingle | Cynthia Carmen Curt Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court Transylvanian Review of Administrative Sciences independence of justice justice laws reform rule of law constitutional court case-law primacy of eu law. |
| title | Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court |
| title_full | Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court |
| title_fullStr | Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court |
| title_full_unstemmed | Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court |
| title_short | Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court |
| title_sort | romanian commitment to independence of justice and anticorruption reforms under cvm and rule of law incentives some considerations on case law of the constitutional court |
| topic | independence of justice justice laws reform rule of law constitutional court case-law primacy of eu law. |
| url | https://rtsa.ro/tras/index.php/tras/article/view/688 |
| work_keys_str_mv | AT cynthiacarmencurt romaniancommitmenttoindependenceofjusticeandanticorruptionreformsundercvmandruleoflawincentivessomeconsiderationsoncaselawoftheconstitutionalcourt |