The Court of Justice of the European Union Is Facing a New Challenge: Compliance with the Rule of Law or not as a Result of the Effects of Decisions Delivered by the Constitutional Court of Romania

Abstract

In essence, the relations of the constitutional courts of the European Union Member States with the Court of Justice can be addressed with a view to a natural cooperation, through dialogue, based on shared values, ensuring the connection between two distinct legal systems. Even if, most of the times, the Court of Justice has tended to be more permissive, so as not to contradict the constitutional courts, these “shared values” will have to be sought in the requests for preliminary rulings presented in this article because, in their absence, there can be no risk of collision, but only a simple realignment of fundamental elements for the rule of law. By protecting a true union of values, the Court of Justice will probably have to defend its foundations against any authoritarian developments in the Member States.

Keywords: judiciary, ECJ, magistracy, independence of judges