Romania under EU Influence: Note on the Constitutive Limits of External Constitutional Interventions
Romania under EU Influence: Note on the Constitutive Limits of External Constitutional Interventions

Summary/Abstract: Constitutionalization occurred in the past primarily by way of referential and jurisdictionally confined forms of approximation of constitutional transplants. The erosion of classical, government-related constitutionalism and the countervailing appearance of quasi-constitutional structures of governance beyond the nation-state have dramatically changed the original paradigm and, by implication, the conditions for the possibility of constitutionalism and constitutional modernization. The general phenomenon of displacement of constitutional institutions, principles and vocabularies is referred to nowadays as „transnational‟, „pluralist‟ or „global‟ constitutionalism. The article inquires into the limits and shortcomings of constitutionalism beyond the state, extrapolating from the case study of an intervention by the EU Commission in a recent Romanian constitutional crisis.

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