Is European Rule of Law effective ? Protection Mechanisms against exterior Threats - Case Study: Romania, Hungary, Poland
Is European Rule of Law effective ? Protection Mechanisms against exterior Threats - Case Study: Romania, Hungary, Poland

Author(s): Vlad Bărbat
Subject(s): Constitutional Law, Governance
Published by: Publishing Inc. European Readings & Prodifmultimedia/Editura Napoca Star
Summary/Abstract: The present study will be focused on highlighting the main challenges that unite or disrupt the formal processes of European law. The research will aim an anticipatory effect and will focus on the European rule of law applied to the cases of Romania, Hungary and Poland and its struggle to continuously build solid protection for the member states and the dimensions of maintaining equity within its borders facing the future of a changing society (in interpretation of art.3 (5) TUE). We stress the ongoing power shifts that shape the European continent and how can the European rule of law, throughout its pillars and institutions, protect the integrity of Romania, Hungary and Poland from separation and harmful attacks that stem from the exterior of the Union? With the advent of Russia’s hostility toward the West in recent years, certain scholars have focused their research on the study of what has recently been coined as “malign influence”. Malign influence is defined as a “specific type of influence that directly or indirectly subverts and undermines European values and democratic institutions”2. By 0means of the information war launched by Russia along with the kinetic one or in conjunction with it, the EU states that assist Ukraine in its defense are targeted. The narratives of the information war have in mind the fiber of the societies of the EU member states and often attack the legal order at the individual state level. The effectiveness of these attacks can be seen in the framework of the European parliamentary elections, and the national ones by identifying the narratives of the Russian informational war on the line of undermining the rule of law - verifying their takeover by different political parties and then the success of these parties in the elections. Our aim would be to identify future perils for the foundations of European Law and proposing solutions to maintaining equity of the rule of law in direct relationship with the member states without creating the phenomenon of supranationalism or the legal and institutional “capture” phenomenon

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