Supremacy of EU Law and the Romanian Constitutional Court

Recent jurisprudence of the CJEU has dealt with the decisions of the Romanian Constitutional Court (RCC) that ignore or reject the supremacy of EU law in the matters of judicial organization and independence. In this paper, I explore the origins of this crisis finding its roots in the anti-corruption campaign that the Romanian Directorate for Anti-Corruption led against the political class in Romania and the subsequent legal backlash against the campaign that was led by both the political class and the RCC. I argue that these specific roots of the legal backlash against the judiciary in Romania are what separates the battle between the CJEU and the RCC concerning the supremacy of EU law from similar events in Poland. Consequentially, the rule of law crisis in Romania has less to do with populist constitutionalism, or the pluralism of constitutional identities then with securing that the criminal proceedings of the members of the political class do not happen again.