JUDICIAL INDEPENDENCE AND EUROPEAN GOVERNANCE: INSTITUTIONAL DYNAMICS AND CHALLENGES OF EUROPEAN INTEGRATION FOR THE JUDICIAL SYSTEM IN ROMANIA
JUDICIAL INDEPENDENCE AND EUROPEAN GOVERNANCE: INSTITUTIONAL DYNAMICS AND CHALLENGES OF EUROPEAN INTEGRATION FOR THE JUDICIAL SYSTEM IN ROMANIA

Author(s): Sebastian Avăcăriței
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: judicial independence; EU rule of law; legal reform;
Summary/Abstract: This paper is devoted to an in-depth analysis of the complex interactions between European governance mechanisms – including, but not limited to, the Cooperation and Verification Mechanism, the Annual Rule of Law Report and the budgetary conditionality framework – and the autonomy of the national judiciary. The main purpose of the research consists in the critical evaluation of the way in which the European standards regarding judicial independence, administrative efficiency and institutional integrity have influenced both the structure and operation of the Superior Council of Magistracy, as well as the legal status of judges and prosecutors, together with the inter-institutional relations within the state apparatus.The adopted methodology is based on a particularly rigorous normative analysis, combined with the systematic evaluation of strategic documents issued at the European and national level, as well as relevant comparative case studies (comparative analyzes focused on the experiences of Romania, Poland and Hungary). This analytical approach allows the identification of institutional adaptation models and the exposure of tensions inherent in the implementation of European standards. In addition, special importance is given to the jurisprudential interpretations issued by the Court of Justice of the European Union and the European Court of Human Rights, whose decisions are essential in articulating the normative framework of reference regarding judicial independence.The conclusions presented in the paper critically approach the integrated effects of the European integration process on the autonomy of the national judicial system, emphasizing both the risks arising from a possible institutional over-compliance, as well as the opportunities to strengthen the autonomy and efficiency of the judicial system. In conclusion, proposals for institutional optimization and practical recommendations are formulated, intended for decision-makers in Romania and European institutions involved in monitoring and evaluating the performance of the judicial system.

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