Craiova Court of Appeal notified the Court of Justice of the European Union regarding the effects of the Constitutional Court of Romania Decision no. 390/2021 – RS (C-430/21)

Today, June 29, 2021, the Craiova Court of Appeal – Criminal and Juvenile Cases Section notified the Court of Justice of the European Union with the following request for a preliminary ruling:

1. The principle of independence of judges, enshrined in Article 19 paragraph 1 second paragraph TEU with reference to Article 2 TEU and Article 47 of the Charter of Fundamental Rights of the European Union, opposes a national provision, such as that of art. 148 paragraph (2) of the Romanian Constitution, as interpreted by the Constitutional Court, by Decision no. 390/2021, according to which the national courts no longer have the power to analyze the conformity of a national provision, found to be constitutional by a decision of the Constitutional Court, with the provisions of European Union law?

2. The principle of independence of judges, enshrined in the second subparagraph of Article 19 (1) TEU with reference to Article 2 TEU and Article 47 of the Charter of Fundamental Rights of the European Union, opposes a national provision, such as Article 99 and Law No 303/2004 on the status of judges and prosecutors, which allows the initiation of a disciplinary procedure and disciplinary penalty of the judge for failing to comply with a decision of the Constitutional Court, in the conditions under which the judge is called upon to establish the priority of the European Court for the application of a European Union law, which shall apply the possibility of a European Court’s decision in the application of the European Court’s decision on the part of the European Court’s decision in the matter of the European Union’s decision on the application of the European Union.

3. Does the principle of independence of judges, enshrined in the second subparagraph of Article 19(1) TEU, with reference to Article 2 TEU and Article 47 of the Charter of Fundamental Rights of the European Union, oppose national judicial practices prohibiting the judge, with the consequence of exercising disciplinary liability, from applying the case law of the Court of Justice of the European Union to criminal proceedings such as a challenge concerning the reasonable duration of criminal proceedings, governed by Article 488 ind.1 of the Romanian Criminal Procedure Code?

For details: http://portal.just.ro/54/SitePages/Dosar.aspx?id_dosar=5400000000180196&id_inst=54

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