Romanian judicial reform

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Recent decades have seen a surge in the birth of "supraterritorial institutions and associations",^[1] that have been gathered by their enactment of common law and practices. European Union's regional expansion into Southeastern Europe to include Romania is one such example. The community of European states has enacted treaties that have allowed them to unite politically and economically.

Since the onset of the Treaty of Accession 2005 between Romania and the EU, judicial reform has been one of the major efforts undertaken by the Romanian government. Whereas the EU has a standardized set of institutional policies, Romania has yet to implement all of the necessary political reforms which will aid the process of judicial cooperation between Romania and EU member states, and also help Romania combat widespread corruption.

The judicial institutions and policies of EU member states are consolidated under the principle of Union Law. William O. Douglas wrote in his book "The Anatomy of Liberty" that "Equal protection under the law is the most important single principle that any nation can take as its ideal. Those who practice it have a strength and unity that other nations lack. A sense of belonging is perhaps the most important community attitude a people can have".^[2]

Composed of a unique legal framework, the concept of Union Law is created by the Treaties of the European Union, which the European Court of Justice (ECJ) is decisively empowered to rule over. Nevertheless, the national court systems of member states are the essential legal autonomous bodies which are primarily responsible for implementing the principles of Union Law. Accordingly, member states are responsible for generating a transparent judicial system that is able to rule efficiently under provisions of Union Law. For this to occur, the judicial system of each member state must meet EU criteria and be organized in a fashion that corresponds with EU policies. Thus it becomes clear that ECJ is only a form of reference for the court systems of member states, and a line of last resort.