"Romanian Commitment to Independence of Justice and Anticorruption Reforms under CVM and Rule of Law Incentives. Some Considerations on Case-Law of the Constitutional Court"

IF 1 4区管理学 Q3 PUBLIC ADMINISTRATION

Transylvanian Review of Administrative Sciences Pub Date : 2022-02-25 DOI:10.24193/tras.65e.3

C. Curt

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引用次数: 0

Abstract

"During 2017-2019 Romania faced a controversial justice laws’ ‘reform’, undermining the rule of law and independence of justice principles, challenging the commitments established under Commission Decision 2006/928/EC in the areas of judicial reform and the fight against corruption. In the context of democratic backsliding in Central and Eastern Europe, Romanian evolutions could be seen as following a regional pattern. The study proposes a critical analysis of the most important legislative evolutions in the area of justice and fight against corruption in the region, as reflected by the Cooperation and Verification Mechanism for Romania (CVM) and Rule of Law Reports, European Court of Justice and European Court of Human Rights judgements. The analysis focuses on some controversial decisions of the Constitutional Court, concerning justice laws ‘reform’ and the application of primacy of EU law principle. The study expresses a strong concern related to Romanian Constitutional Court’s tendencies to walk along the authoritarian path of politically captured courts of Poland and Hungary. The conclusions reveal the requirement for new political instruments of EU supranational intervention to safeguard democratic EU core values."

查看原文本刊更多论文

《罗马尼亚在民主与法治激励下对司法独立和反腐败改革的承诺》。关于宪法法院判例法的几点思考

“2017-2019年，罗马尼亚面临着一场有争议的司法法‘改革’，破坏了法治和司法原则的独立性，挑战了委员会第2006/928/EC号决定在司法改革和反腐败领域做出的承诺。在中欧和东欧民主倒退的背景下，罗马尼亚的演变可以被视为遵循区域模式。该研究报告对罗马尼亚合作与核查机制和《法治报告》、欧洲法院和欧洲人权法院的判决所反映的该区域司法和反腐败领域最重要的立法演变进行了批判性分析。分析的重点是宪法法院的一些有争议的裁决，涉及司法法的“改革”和欧盟法律至上原则的适用。这项研究表达了对罗马尼亚宪法法院倾向于走波兰和匈牙利政治占领法院的独裁道路的强烈担忧。结论揭示了欧盟超国家干预的新政治工具对维护民主欧盟核心价值观的要求。“

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来源期刊

Transylvanian Review of Administrative Sciences PUBLIC ADMINISTRATION-

CiteScore

2.10

自引率

10.00%

发文量

审稿时长

25 weeks

期刊介绍： TRAS represents a collective effort initiated by an international group aimed at boosting the research in the field of public administration in a country where during the communist regime there was no tradition in this sense. TRAS represents a unique source of specialized analysis of the ex-communist space, of the transition processes to democracy, of the reform of public administration, and of comparative analysis of administrative systems. The general topic covered by the articles in the Review is administrative sciences. As a result of an interdisciplinary, modern approach, the articles cover the following specific themes: Public management, public policy, administrative law, public policy analysis, regional development, community development, public finances, urban planning, program evaluation in public administration, ethics, comparative administrative systems, etc. TRAS encourages the authors to submit articles that are based on empirical research. From the standpoint of the topic covered, TRAS is lined up with the trends followed by other international journals in the field of public administration. All articles submitted to the Transylvanian Review of Administrative Sciences have to present a clear connection to the field of administrative sciences and the research (both theoretical and empirical) should be conducted from this perspective. Interdisciplinary topics related to organizational theory, sustainable development and CSR, international relations, etc. can be considered for publication, however the research needs to address relevant issues from the perspective of the public sector. Articles which use highly specialized econometrics models as well as studies addressing macro-economic topics will not be considered for evaluation. The decision on whether a certain topic falls within the interest of TRAS belongs to the editors and it is not connected with the overall quality of the work submitted.