Abstract
The European Union is currently going through a profound crisis of the rule of law, characterised by a reduction in judicial independence in some of the Member States and political capture of some of the supreme courts in Europe. Faced with the complete inefficiency of the Article 7 TEU defense mechanisms, some concrete actions were envisaged, most of which belong to the new governance category, based on non-binding norms or soft law. This chapter shows that soft law and new governance reach their limits when tackling major problems, such as rule of law violations. The chapter draws on Romania and the implications of applying in that country the recommendations stemming from the Cooperation and Verification Mechanism. It reveals major conflicts between the Constitutional Court of Romania and the European Court of Justice regarding basic notions of European Union law and its legal force. The Chapter argues that a constructive dialogue regarding the rule of law cannot happen without returning to hard law, and, in this context, the aggressive promotion of the autonomy of European law and its absolute supremacy by the Court of Justice of the European Union is both suitable and necessary.
| Translated title of the contribution | The Defense of the Rule of Law Between New Governance and Government, Between the Autonomy of EU Law and National Sovereignty |
|---|---|
| Original language | Romanian |
| Title of host publication | CJUE și CCR – identitați in dialog |
| Editors | Valeriu Stoica |
| Place of Publication | Bucharest |
| Publisher | Editura Universul Juridic |
| ISBN (Print) | 978-606-39-1123-1 |
| Publication status | Published - 2022 |
