La saga rumana sobre el Estado de Derecho: una historia inacabada de desavenencias judiciales

Abstract

The RS case is one of the latest rulings issued by the Court of Justice in the neglected Romanian rule of law saga. Together with other European counterparts, the Romanian Constitutional Court is openly questioning some basic postulates on which the European legal order is based. It joins a growing number of constitutional jurisdictions that are challenging the Luxembourgian conception of the principle of primacy and its interpretative authority. They use for this purpose a worrying articulation of national identity in terms that are incompatible with the effectiveness, uniformity and coherence of Union law. This article aims to address a series of judicial disagreements between the Romanian Constitutional Court and the CJEU, with particular attention to the RS case, in which it becomes evident the pernicious consequences of the tough crisis of the rule of law for the most elementary principles of the European legal system.

Keywords

• national identity
• populism
• principle of primacy
• rule of law crisis