MECANISMUL STATULUI DE DREPT – 2020 AL UE. RAPORTUL DINTRE DREPTUL UE ŞI DREPTUL INTERN AL STATELOR NAŢIONALE MEMBRE. STATUL DE DREPT ŞI FUNCŢIONAREA INSTITUŢIILOR UE
EU RULE OF LAW MECHANISM – 2020. THE RELATIONSHIP BETWEEN EU LAW AND THE DOMESTIC LAW OF NATIONAL MEMBER STATES. THE RULE OF LAW AND THE OPERATION OF THE EU INSTITUTIONS

Summary/Abstract: The rule of law in a democratic society is a fundamental principle enshrined in the Treaty on European Union (TEU), the EU Charter of Fundamental Rights and the case law of the CJEU and the ECHR, which applies both to the legal systems of national Member States and to the EU institutional system. Recognition and application of the principle of priority/supremacy of EU law depends on its adoption and acceptance in the legal and constitutional systems of the Member States. The EU-2020 rule of law mechanism consists of a set of instruments that apply in all 27 EU Member States, including the CVM, so that the Decision of 13 December 2006 establishing the CVM for Romania and Bulgaria appears to be an obsolete legal act. The European Union and its institutions should be judged by the same normative criteria that apply to national Member States, and the main problem for the EU and the rule of law in the functioning of its institutions is to strike the right balance between: the identity of the Member States, their culture and traditions and the need for effective, democratic and transparent central decision-making, uniform application of EU law and the elimination of the democratic deficit.

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