Judicial administrative capacity and the demand for legal stability in romania under geopolitical volatility after the russian invasion of ukraine: institutional bottlenecks, governance responses, and resilience measures Cover Image
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Judicial administrative capacity and the demand for legal stability in romania under geopolitical volatility after the russian invasion of ukraine: institutional bottlenecks, governance responses, and resilience measures
Judicial administrative capacity and the demand for legal stability in romania under geopolitical volatility after the russian invasion of ukraine: institutional bottlenecks, governance responses, and resilience measures

Author(s): Mihai-Vlad Turcu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: judicial administrative capacity; legal stability; rule of law; Romania; Black Sea security; EU conditionality; institutional resilience; hybrid threats;

Summary/Abstract: This article aims at reframing the post-2022 Romanian rule-of-law debate as a problem of judicial administrative capacity rather than as one of doctrinal conformity. The Russian Federation’s full-scale invasion of Ukraine in February 2022 transformed Romania’s strategic environment, exposing the country to refugee inflows, sanctions enforcement obligations, hybrid interference, and an intensified demand for predictable adjudication across commercial, administrative, security, and electoral domains. Drawing on European Commission Rule of Law Reports for 2022-2025, Venice Commission opinions, GRECO’s Fifth Round Evaluation Report, CEPEJ’s 2024 Evaluation Cycle data, the World Bank’s Functional Review of the Romanian Justice Sector, NATO and EU strategic instruments, Romanian primary legislation and Constitutional Court jurisprudence, and rule-of-law theory, the article argues that Romania’s capacity to deliver legal stability is structurally constrained by a compound institutional pathology: rising case volumes (3.65 million procedural items in 2024 against an authorised establishment that leaves over 14% of judge posts and 25% of prosecutor posts vacant), legislative volatility around the 2022 “Justice Laws”, fragmented administrative responsibilities across the Ministry of Justice, the Superior Council of Magistracy and the High Court of Cassation and Justice, an incomplete migration to a centralised case-management system (ECRIS V), and the politically contested incorporation of intelligence-based evidence into constitutional adjudication, exemplified by the Constitutional Court’s annulment of the November 2024 presidential election. The article integrates a doctrinal, institutional and policy-analytical methodology to show that legal stability operates as a strategic governance asset in a Black Sea security environment, and that resilience requires capacity-building reform rather than symbolic compliance. The contribution is to articulate a framework in which judicial administration, security policy and EU conditionality are analysed as interlocking determinants of credible governance under volatility.

  • Issue Year: 2026
  • Issue No: 01
  • Page Range: 435-463
  • Page Count: 29
  • Language: English
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