The dialogue between the national courts in Romania and the Court of Justice of the European Union has experienced an unimaginable development in the last five years, especially regarding the rule of law, the solutions of the CJUE being absolutely necessary to preserve the independence of judges and also inspiring judges from other Eastern European states. This article presents the three most recent requests for preliminary rulings from the Rom...

In the legal order of the European Union (EU), the values contained in Article 2 TEU define the very identity of the Union as a common legal order. The common values, which include the rule of law, are embedded in the very DNA of the European integration project. In its landmark judgment in Associação Sindical dos Juízes Portugueses, the Court of Justice indicated the path towards defending the values contained in Article 2 TEU. Uphold...

The article deals with the implications that the values of the European Union have for the Member States, bearing in mind the central place of these values, listed in Article 2 TEU, in the European legal order. Among these values, the rule of law is the backbone of the modern democratic society. Courts of law – as independent arbitrators – are the guardians of the rule of law. Given the central role of national courts in the EU’s constitution...

The article aims to provide a clear and convincing answer to several questions that have been a permanent topic of discussion since the Court of Justice delivered its judgment in case of „Portuguese judges” in 2018. If the constitutions of the member states guarantee the independence of the judiciary, is there also a need for special protection afforded by European Union law? What justification does such supranational protection have? And if ...

The article outlines the crucial role played by values of the rule of law and the independence of the judiciary in the European Union. While the Court of Justice of the European Union respects the competence of the Member States in organizing their judicial system, national constitutional and legislative rules cannot challenge the unconditional duty to comply with the primacy of EU law and the values embodied by the former. By means...

The present piece supports the view that respect for the rule of law and peace go hand in hand. The first part argues that the European Union has made it possible for disputes between different actors in the decision-making process to be resolved in accordance with the law (as European integration means not only ‘integration through law’, but above all – and more importantly – ‘integration through the rule of law’). The second part ...