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

On the problematic rule of law protection in the European Union: Constitutional and Comparative Reflections building on the Rumanian Case – The Rumanian case on the socalled ‘rule of law protection’ points to a remarkable shift in the European integration path, as the rule of law the Court of Justice defends has little to do with the homonymous concepts rooted in national constitutional laws. A twofold question arises: what the origins of this novel rule of law are, 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.