Rule of law cases – Romania

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

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

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

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

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,

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

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

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

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

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

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, more information to be announced