Rule of law cases – Romania

romanian cases on the rule of law at the cjeu

Case NumberNameDate of JudgementECLI:EU:C:SummaryStatus
Joined Cases C‑83/19, C‑127/19; C‑195/19, Case C-291/19 & Case C-355/19Asociaţia Forumul Judecătorilor Din România08/05/20212021:393
judicial reform, Cooperation and Verification Mechanism (MCV)

Romanian reforms in the areas of judicial organisation, the disciplinary regime applicable to judges, financial State liability and the personal liability of judges as a result of judicial error, Interim appointment of Romanian Chief Judicial Inspector and establishment of specific prosecution section for members of the judiciary, the cases concern the legal effect of decisions and reports based on the Cooperation and Verification Mechanism (MCV) established by Commission Decision 2006/928 which assesses the progress of Bulgaria and Romania with regard to the rule of law situation

closed
C-357/19Euro Box Promotion and Others21/12/20212021:1034
Mechanism for Cooperation and Verification (MCV)

Mechanism for Cooperation and Verification (MCV), Art. 19 TEU, Art. 47 CFR

closed
C-379/19DNA- Serviciul Teritorial Oradea --
Cooperation and Verification Mechanism (CVM)

Art. 2 and 19 TEU, Art. 47 CFR, Commission Decision 2006/928/EC (Cooperation and Verification Mechanism); the intervention of the Constitutional Court (a political/judicial body which is not part of the judiciary or the legislature) might restrict the constitutional jurisdiction of the courts - which prevents national courts from exercising its jurisdictional role, the referring court asks the CJEU if this is a breach of the obligations of Romania following its accessioin to the EU as regulated in the CVM

AG opinion
C-397/19Statul Român – Ministerul Finanţelor Publice08/05/20212021:393see judgement in Asociaţia Forumul
Judecătorilor Din România
closed
C-547/19Asociaţia “Forumul Judecătorilor din România” --
Constitutional Court, judicial independence

Art. 2 & 29 TEU, Art. 47 CFR; intervention of a constitutional court (a body which is not, under national law, a judicial institution), concerns about interpretation and application of infra-constitutional legislation in the activity of establishing panels hearing cases by constitutional court as it might compromise judicial independence and the rule of law

in progress
C-811/19FQ and Others --
Constitutional Court, judicial independence

Art. 19 TEU, Art. 47 CFR; similar to Joined Cases C‑357/19 and C‑547/19, Euro Box Promotion and Others and aspects of Asociaţia Forumul Judecătorilor din România and Others, position and competences of Constitutional Court of Romania, should Art. 47 CFR interpreted as encompassing the requirement of the specialisation of judicial panels.

AG opinion
C-840/19NC --
Constitutional Court, judicial independence

Art. 2 and 19 TEU, Art. 47 CFR; similar to other cases concerning position and competences of Constitutional Court as it is a body outside of the judiciary but rules on composition of judge panels seized of the case of a chamber of the supreme court

in progress
C-859/19FX and Others--
Constitutional Court, judicial independence

Art. 2 TEU, Art. 47 CFR: interpretation of these articles concerning the preclusion of a body outside the judiciary from finding that the composition of panels hearing cases within a chamber of the supreme court (panels composed of serving judges who, at the time of their promotion, satisfied, inter alia, the specialisation condition required for promotion to the Criminal Chamber of the supreme court) is unlawful; primacy of EU law

in progress
C-926/19BR and Others--
Constitutional Court, judicial independence

Art. 2 TEU, Art. 47 CFR, primacy of EU law; competences of Constitutional Court of Romania (body outside judicial system)

in progress
C-929/19CD--
Constitutional Court, judicial independence

Art. 19 TEU, ARt. 47 CFR, Directive 2017/1371 and Directive 2015/849; requirements arising from EU law in respect of the organisational and procedural arrangements within national judiciaries and their relations with national constitutional courts when it comes to the examination of corruption cases

in progress
C-216/21Asociaţia “Forumul Judecătorilor din România”--
Cooperation and Verification Mechanism (CVM)

Art. 2 and 19 TEU, Art. 47 CFR, Commission Decision 2006/928/EC; can the CVM be considered an act by an EU institution and thus subject of interpretation by CJEU; can the principle of judicial independence be interpreted as also applying to procedures for the promotion of judges in office, requirement for infringement of judicial independence concerning promotion to a higher court by a body that carries out both assessments of judges for promotion purposes and the judicial review of judgments delivered by those judges;promotion of judges to executive positions, contrary to CVM recommendations

in progress
C-430/21RS22/02/20222022:99
Constitutional Court, judicial independence

Art. 2 and 19 TEU, Art. 47 CFR; disciplinary procedure and disciplinary penalty of the judge for failing to comply with a decision of the Constitutional Court, primacy of the EU law

closed
C-83/19Asociaţia "Forumul Judecătorilor din România"18/5/20212021:393
Coordination and verification mechanism

coordination and verification mechanism

closed
C-40/21Agenția Națională de Integritate--
Proportionality principle

Art. 49 and 47 CFR

in progress
C-817/21Inspecţia Judiciară--
Judicial inspectorate

Art. 2 and 19(1) TUE

in progress
C-709/21MK--
Constitutional Court

Article 2 and 19(1) TEU; Article 47 CFR

in progress
C-718/21Krajowa Rada Sądownictwa--
Retirement age of judges

Article 2 and 19(1) TEU; Article 47 CFR;

in progress
C-430/21RS22/02/20222022:99
Abuse of process and abuse of office committed in the course of criminal proceedings by a prosecutor and two judges

Article 2 and 19(1) TEU; Article 47 CFR;

closed
C‑132/20Getin Noble Bank29/09/20222022:235
Appointment of judges and their independence

Article 2 and 19(1) TEU; Article 47 CFR;

closed

Romanian cases on the rule of law at the ecthr

This list only contains communicated cases.
Case NumberNameDate of JudgementSummaryStatus
36889/18 (judgement only available in FR)Camelia Bogdan v. Romania20/10/2020
disciplinary proceedings against judge

Art. 6 ECHR; impossibility of challenging the automatic suspension of a judge's duties and salary while her appeal against exclusion from the judiciary is being examined

closed
3594/19Kövesi v. Romania05/05/2020
premature termination chief prosecutor Kövesi

premature termination of mandate as chief prosecutor of the National Anticorruption Directorate, violation of Art. 6 (right to a fair trial) and Art. 10 (right to freedom of expression) ECHR

closed
616/20Coada v. Romania
freedom of expression of judges

more information will follow soon - this case is not online yet

in progress
16915/21Danilet v. Romania
freedom of expression of judges

Art. 10 ECHR; concerns a disciplinary sanction imposed on the applicant who was accused of having damaged the reputation of the office of magistrate in his publications

in progress
 34088/17Onofraş v. Romania
Impartiality of judges

Art. 6 ECHR meaning of 'impartial tribunal'

in progress
45229/18Majeczki v. Romania
Impartiality of judges

Art. 6 ECHR, former prosecutor accused of bribe

in progress