Sulla problematica tutela dello Stato di diritto nell’Unione europea: spunti di diritto costituzionale e comparato a partire dal “caso Romania”

Abstract

On the problematic ‘rule of law’ protection in the European Union: Constitutional Reflections building on the “Rumanian Case” – The Rumanian case on the so-called protection of the rule of law points to a remarkable shift in the European integration path, as the rule of law the Court of Justice endorses has little to do with the homonymous concepts rooted in national constitutional laws. A twofold question arises: what are the origins of this “novel” rule of law, and what consequences it may entail for the application of Union law. In this light, doubts are cast on whether such a concept is compatible with the original integration project as well as with the national constitutions’ legacy.