THE INDEPENDENCE OF JUSTICE AND THE DILEMMA JUDICIAL ACTIVISM VS. NATIONAL SPECIFICITIES IN EU EASTERN COUNTRIES

Sebastian Avacaritei () and Mihaela Tofan ()
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Mihaela Tofan: Alexandru Ioan Cuza University of Iasi

EUFIRE Conference Proceedings Series, 2025, vol. 1, issue 1, 45-55

Abstract: The independence of the judiciary forms the foundation of contemporary legal systems where the rule of law guarantees the separation of powers and the support against arbitrary and external interference. Within the European Union (EU), it is an integral part of the common legal order, yet its uniform implementation generates significant tensions, especially in the Central and Eastern states. These tensions are fueled by the need to reconcile EU law principles with the respect for national identity, a challenge which became more important in the context of the recent political transformations and extreme tendencies. The research points out the fact that the decisions of the European courts not only serve to clarify and strengthen the applicable legal norms but are essential tools in ensuring the maintenance of an often-fragile democratic balance. However, the perception of these judgments as forms of foreign interference can lead to the polarization of social structures and risks undermining public confidence in the efficiency and independence of the national judiciary. In Poland and Hungary, the decisions of European courts, although based on clear principles of the rule of law, have often been perceived as a form of extreme interference, amplifying nationalist rhetoric and fueling inter-institutional conflict. In Romania, the relatively harmonious cooperation between national and European courts suggests a greater potential for integrating European rules into the domestic legal order. These dynamics underline the importance of a balance between the uniform application of European values and respect for constitutional particularities, as well as the need for constant dialogue.

Keywords: judicial independence; judicial activism; EU law and national sovereignty Deeptech (search for similar items in EconPapers)
JEL-codes: K33 K40 P48 (search for similar items in EconPapers)
Date: 2025
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