Romania heads for clash with EU over legal sovereignty

Significance

After accentuated rule-of-law erosion during 2017-19, the new government encouraged hopes that such violations would become a thing of the past. However, last month, the government sacked the ombudsman, while the Constitutional Court declared void a judgement of the EU Court of Justice (CJEU) defending judicial independence.

Impacts

• Recent developments erode hopes that last month’s positive CVM report will lead to Romania’s Schengen zone accession later this year.
• Failure to replace the ombudsman will not affect the coalition parties electorally, given the politicisation of rule-of-law issues.
• Subnational courts will be left confused whether to apply the Constitutional Court or the CJEU ruling to legal disciplinary cases.