The impact of the clash between the CJEU Case Law concerning rule of law and the Constitutional Court in Romania on the criminal legislation, investigation and fight against corruption

Abstract

This scientific research shall explore the recent jurisprudence of the Court of Justice of the EU on the rule of law regarding Poland, Hungary and Romania. We shall strive to identify the nexus between the ground-breaking judgments and the prospects for criminal legislation and criminal investigation by analysing the arguments of the parties and the reasoning of the courts. We believe that judgements in the cases of Poland, Hungary and Romania represent the Court of Justice’s incrementalist response to a perceived process of rule of law backsliding which was perceived as a threat to EU values at the community level and as a threat to the ability of the justice system to prevent corruption at the national level. Backsliding is believed to first emerged in Hungary before spreading to Poland, but serious cases were already existing in Romania.