Romanian Judicial independence under pressure

Creeping authoritarianism in the eastern wing of Europe put under pressure the rule of law. Defense of judicial independence calls for new legal measures against these countries. In Romania, often the independence of judges is related to anticorruption actions but the topic should be analysed under a broader lens. In particular, the concept of “the independence of judges” covers the entire judicial system and not only as individual component. The legislator has designed a system that ensures both a functional and a financial independence. In recent times, Romanian Constitutional Court took position in highlighting the concept. Moreover, referring to constitutional provisions, the Court hold the independence of judges as guarantee of the “non-obedience” of the judges of another powers. In this sense, it will be presented, first, meaning of judicial independence in the Romanian constitutional traditions and, second, the Court position and its attempts to avoid authoritarian tendencies.