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Hungary

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Hungary: Court of Justice of the European Union

Case NumberNameDate of JudgementECLI:EU:C:SummaryStatus
C‑286/12Commission v Hungary06/11/20122012:687
retirement age of judges

lowering the retirement age of judges creates difference in treatment on grounds of age which is not proportionate; Directive 2000/78/EC

closed
C-556/17Torubarov29/07/20192019:626
asylum procedure, effective judicial remedy

guarantee of effective judicial remedy for applicant of international protection, national court/tribunal required to vary a decision of the first-instance determining body that does not comply with its previous judgment; Directive 2013/32/EU, Art. 47 CFR

closed
C-718/17Commission v Hungary-
relocation of applicants for international protection

Joined Cases C-715/17 (Poland), C-718/17 (Hungary), C-719/17 (Czech Republic); failure to assist Italy and Greece by relocating applicants for international protection to their respective territories

AG opinion
C-66/18Commission v Hungary06/10/20202020:792
academic freedom

violation of academic freedom concerning amendments in Hungary's 2011 Higher Education Act that limit the operations of foreign academic institutions in Hungary; Art 14 CFR

closed
C-78/18Commission v Hungary18/06/20202020:476
Hungarian NGO Transparancy Law

restrictions imposed by Hungary on the financing of foreign civil society organisations through excessive transparency requirements; Art. 63 TFEU

closed
C-406/18PG v Bevándorlási és Menekültügyi Hivatal19/03/20202020:216
asylum procedure, effective judicial remedy

the right to an effective remedy in asylum procedures; Directive 2013/32/EU, Art. 47 CFR

closed
C-564/18LH v Bevándorlási és Menekültügyi Hivatal19/03/20202020:218
asylum procedure, effective judicial remedy

grounds for issuing an inadmissibility decision of an application for international protection (IP) and the time-limit imposed to make such a decision; Art. 47 CFR, Art. 33 Directive 2013/32/EU

closed
C-650/18Hungary v Parliament03/06/20212021:426
legality of the adoption of the Art. 7 TEU resolution

Hungary challenged the vote on Art. 7 procedure for determining the existence of a clear risk of a serious breach by Hungary of the EU’s fundamental values, Hungary argued that the vote result did not take into account the abstentions

closed
C-808/18Commission v Hungary17/12/20202020:1029
international protection and return of unlawfully staying TCN’s

Hungary failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals; Procedures Directive (Directive 2013/32), Reception Directive (Directive 2013/33) & Qualification Directive (Directive 2008/115)

closed
C-40/19EYcase withdrawn due to decision inC-406/18
asylum procedure, effective judicial remedy

effective judicial protection even if courts cannot amend asylum procedure decisions but may only annul them and order a new procedure; Art. 47 CFR, Art. 31 of Directive 2013/32/EU

withdrawn
C-67/19KD v Bevándorlási és Menekültügyi Hivatalcase withdrawn due to decision in C-406/18
asylum procedure, effective judicial remedy

effective judicial protection even if courts cannot amend asylum procedure decisions but may only annul them and order a new procedure; Art. 47 CFR, Art. 31 of Directive 2013/32/EU

withdrawn
C-210/19TNcase withdrawn due to decision in C-406/18
asylum procedure, effective judicial remedy

effective judicial protection even if courts cannot amend asylum procedure decisions but may only annul them and order a new procedure; Art. 47 CFR, Art. 31 of Directive 2013/32/EU

withdrawn
C-564/19IS23/11/20212021:949
independence of judiciary

case on criminal procedure, in particular on the monitoring by authorities of the quality of interpretation and translation into the language of the accused; Art. 19 TEU, Art. 47 CFR, Directive 2010/64/EU

closed
C-821/19Commission v Hungary16/11/20212021:930
inadmissibality for international protection applications

introduction of a ground of inadmissibility for applications for international protection in addition to those listed in the Procedures Directive 2013/32/EU and the Hungarian Criminal Code that criminalises any ‘organising activity’ enabling asylum proceedings to be brought by a person who is not entitled to international protection under national law

closed
Joined Cases C‑924/19 PPU and C‑925/19 PPU FMS and Others14/05/20202020:367
international protection, effectiv judicial remedy

change of destination country in return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy, transit zone as detention within meaning of Reception Conditions and Returns Directive; Art. 47 CFR

closed
C-156/21Hungary v Parliament and Council16/02/20222022:97
Conditionality Regulation

Hungary challenges the legality of Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget as it lacks a valid legal basis

closed

Hungary: European Court of Human Rights

Case NumberNameDate of JudgementSummaryStatus
20261/12Baka v. Hungary27/05/2014
judicial independence

Art. 6 ECHR; judicial independence, several constitutional and legislative reforms led to the early termination of Mr. Baka’s mandate, expelling the critical judge from the highest office in the Hungarian judiciary, without providing any possibility for judicial review

closed
45434/12, 45438/12 and 375/13J.B. and Others v. Hungary27/11/2018
retirement age of judges

Art. 6 and 8 ECHR; retirement age of judges, complaints of judges and prosecutors who faced early retirement as a result of Hungary’s recent judicial reforms, found inadmissible as they failed to establish the severity of the impact this legislative measure had on their private lives

closed
45438/12 (decision in J.B. and others v. Hungary)
Belegi and others v. Hungary27/11/2018see J.B. and others v. Hungaryclosed
375/13 (decision in J.B. and others v. Hungary)
Horváth and Kulcsár v. Hungary27/11/2018see J.B. and others v. Hungaryclosed
57774/13Miracle Europe Kft v. Hungary12/04/2016
tribunal/court established by law

Article 6 ECHR; volation of the applicant company’s right to a fair trial on account of its case not being heard by a “tribunal established by law” due to the discretionary reassignment from the initially competent court to another court

closed
22254/14Erményi v. Hungary22/02/2017
premature termination of judge's mandate

premature termination of the applicant’s mandate as Vice-President of the Hungarian Supreme Court in parallel with the dismissal of the President of that court, examined in the Baka case, due to a change in the Hungarian legislation

closed

Poland: Court of Justice of the European Union

Case NumberNameDate of JudgementECLI:EU:C:SummaryStatus
C-192/18Commission v Poland05/11/20192019:924
independence of ordinary courts

retirement age of judges & public prosecutors; Art. 157 TFEU, Art. 5(a) & 9(1)(f) of Directive 2006/54/EC, Art. 19 TEU, Art. 47 CFR

closed
C-216/18 PPUMinister for Justice and Equality v LM (Celmer-ruling)25-07-20182018:586
execution of European Arrest Warrant

execution of European Arrest Warrant by Polish court in Ireland, the meaning of the independence of the judiciary to be assessed in judicial test (general and invdividual; reiterating the Aranyosi and Căldăraru test; Art. 47 CFR, Council Framework Decision 2002/584/JHA)

closed
C-522/18DŚ v Zakład Ubezpieczeń Społecznych Oddział w Jaśle29/01/20202020:42
retroactive lowering of Supreme Court retirement age

Art. 2, 4(3) and 19 TEU, Art. 47 CFR

closed
C-537/18YV v Krajowa Rada Sądownictwa03/02/20202020:136
retirement age of judges, Disciplinary Chamber

lack of independence of Supreme Court's Disciplinary Chamber, case closed on 3/2/2020 due to ruling in C-585/18; Art. 47 CFR, Art 9(1) Directive 2000/78/EC

closed
C-563/18 & C-558/18Miasto Łowicz and Prokurator Generalny26/03/20202020:234
disciplinary regime for judges

preliminary reference questioning the new Polish legislation relating to the disciplinary regime for judges, request for a preliminary reference inadmissible but inadmissible requests cannot lead to disciplinary sanctions for judges; Art. 19 TEU

closed
C-585/18, C-624/18 & C-625/18A. K. and Others v Sąd Najwyższy19/11/20192019:982
independence of Disciplinary Chamber

appointment procedure of judges of the Supreme Court involving the NCJ, referring court must assess whether the new Disciplinary Chamber is independent; Art. 47 CFR, Art. 9(1) Directive 2000/78

closed
C-619/18Commission v Poland24/06/20192019:531
legislation concerning retirement age of Supreme Court judges

legislation concerning the lowering of retirement age of Supreme Court judges is incompatible with principles of irremovability of judges and judicial independence; Art. 19 TEU, Art. 47 CFR

closed
C-619/18 RCommission v Poland17/12/20182019:575
lowering of retirement age of Supreme Court judges

Poland ordered to suspend the application of national legislation concerning the lowering of the retirement age for Supreme Court judges

closed
C-623/18Prokuratura Rejonowa w Słubicach v BQ06/10/20202020:800
new disciplinary regime for judges

new disciplinary regime for judges; Art. 19 TEU, Art. 47 CFR

inadmissible
C-668/18BP v UNIPARTS sàrl03/12/20192019:1093
retroactive lowering of Supreme Court retirement age

same key issue as in C-522/18, reference withdrawn by Polish Supreme Court on 23/10/2019

closed
C-824/18A.B. and Others02/03/20212021:153
National Council of the Judiciary (KRS)

reference for preliminary ruling by the Polish Supreme Administrative Court in the context of legal proceedings against the appointment procedure of the National Council of the Judiciary (KRS), effective remedy aginst KRS decisions; Art. 15 and 20 TFEU, Art. 47 CFR

closed
C-487/19W.Ż.06/10/20212021:798
status of Supreme Court chambers

composition of the “Chamber of Extraordinary Control and Public Affairs” which includes individuals appointed on basis of prima facie unlawful procedure; Art. 2, 6 and 19 TEU, Art. 47 CFR

closed
C-508/19Prokurator Generalny-
judicial independence of Supreme Court

status of individuals appointed to the Supreme Court on basis of unlawful procedure; Art. 2, 4, 6 and 19 TEU, Art. 47 CFR

AG opinion
C-748/19 to C-754/19Prokuratura Rejonowa w Mińsku Mazowieckim and Others16/11/20212021:931
composition and appointment process of criminal court

composition of criminal court and appointment process (involvement of the Polish Council for the Judiciary in the appointment of judges to the Polish Supreme Court); Art. 19 TEU, Art. 47 CFR

closed
C-763/19 to C-765/19D.S. and Others07/05/20202020:414
composition and appointment process of court

composition of court and appointment process, withdrawn on 20/2/2020; Art. 19 TEU, Art. 47 CFR

withdrawn
C-791/19Commission v Poland15/07/20212021:596
impartiality and independence of Disciplinary Chamber

lack of independence and impartiality of the Disciplinary Chamber of the Supreme Court; Art. 19 TEU

closed
C-791/19 RCommission v Poland08/04/20202020:277
order to suspend the activities of the Disciplinary Chamber

CJEU ordered the immediate suspension of the activities of the Disciplinary Chamber regarding disciplinary cases concerning judges, the Polish government disregarded the ruling and allowed the Disciplinary Chamber to make further decisions, such as lifting the immunity of judges with a view to prosecuting them if necessary

closed
C-55/20Ministerstwo Sprawiedliwości13/01/20222022:6
Disciplinary Court of the Bar

understanding of the notion of a court under EU law regarding the Disciplinary Court of the Bar; Directive 2006/123; notion of court under Art. 267 TFEU

closed
C-132/20BM, DM and EN v Getin Noble Bank SA-
criteria of a court or tribunal within EU law

qualification of judges at first and second instance (appointed before 1989) as judges of a court or tribunal within the meaning of EU law; Directive 93/13/EEC, Art. 19 TEU, Art. 47 CFR

AG opinion
C-354/20 PPU & C-412/20 PPUL and P/Openbaar Ministerie17/12/20202020:1033
European Arrest Warrant and independence of Polish judiciary

surrender to Poland on the basis of a European arrest warrant (EAW) questioned in view of existing evidence of systemic or generalised deficiencies concerning the independence of the judiciary; Framework Decision 2002/584/JHA, Art. 47 CFR

closed
Sąd Najwyższy and Others--in progress
YP and Others-
Disciplinary Chamber

Disciplinary Chamber of the Supreme Court - qualification as a ‘tribunal’ within the meaning of Art. 47 CFR and Art. 6 ECHR. On 28 June 2022, a hearing took place before the Grand Chamber. The AG’s opinion will be delivered on 15 December 2022.

in progress
M.M.-
Disciplinary Chamber of the Supreme Court

Disciplinary Chamber of the Supreme Court, can the President of a court change the composition of that court because the originally designated judge has been suspended by a body that does not satisfy the requirements of effective judicial protection; Art. 2 and 19(1) TEU. On 28 June 2022, a hearing took place before the Grand Chamber. The AG’s opinion will be delivered on 15 December 2022.

in progress
C-157/21Poland v Parliament and Council16/02/20222022:98
Conditionality Regulation

Poland challenged the legality of Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget as it lacks a valid legal basis

closed
G.-The referring court is concerned that the panel (of judges which is to hear the case on the merits) would include a person appointed to a judicial post in breach of the
rules which require the participation of judicial self-government bodies in the
appointment process.
Central in this case is the concept of a tribunal established by law pursuant to Article 2, Article 19(1) and Article 6(1) to (3) TEU, read in conjunction with Article 47 of the CFREU. On 29 June 2022, a hearing took place before the Grand Chamber. The AG’s opinion will be delivered on 15 December 2022.
in progress
Commission v Poland-
Muzzle law, Disciplinary Chamber

Commission's action against Poland regarding the "Muzzle Law" and the (suspended) Disciplinary Chamber. On 28 June 2022, a hearing took place before the Grand Chamber. The AG’s opinion will be delivered on 15 December 2022.

in progress
C‑562/21Openbaar Ministerie (Tribunal établi par la loi dans l’État membre d’émission)22/02/2022
European arrest warrant and independence of the judiciary

right to a fair trial before an independent and impartial tribunal previously established by law art 47 CFR

closed
C-657/21Parliament v Commission--
EP action against the EC for failure to apply the Conditionality Regulation

Infringement of the treaties by the Commission for failing to give full and immediate application to Regulation (EU, Euratom) 2020/2092

in progress
C-269/21BC. & DC.The referring court is concerned that the panel (of judges which is to hear the case on the merits) would include a person appointed to a judicial post in breach of the
rules which require the participation of judicial self-government bodies in the
appointment process.
Central in this case is the concept of a tribunal established by law pursuant to Article 2, Article 19(1) and Article 6(1) to (3) TEU, read in conjunction with Article 47 of the CFREU. On 29 June 2022, a hearing took place before the Grand Chamber. The AG’s opinion will be delivered on 15 December 2022.
In progress

Poland: European Court of Human Rights

Case NumberNameDate of JudgementSummaryStatus
35778/07 (discontinued)Żemek and others v. Poland30/08/2016
impartiality of judge

Article 6 § 1 ECHR; complaint that assigned judge in breach of the relevant provisions of the Code of Criminal Procedure and that thejudge had not been impartial, alleged links of the judge with the Law and Justice party and close ties to the (current) Justice Minister Ziobro which later appointed the judge Secretary of State

closed
65313/13Maciszewski and Others v. Poland23/06/2020
definition of a court/tribunal

Art. 6 ECHR; complaint under Article 6 § 1 that the Poznań District Court was not a “tribunal established by law” on account of the alleged irregularities concerning the secondment of the Regional Court’s Judge

inadmissible
62765/14, 62769/14, 62772/14 and 11708/18Sobczyńska and Others v. Poland
refusal to appoint judges to vacant posts

Art. 6 and 8 ECHR; refusals by Polish presidents Kaczynski and Duda to appoint the judges in 2008 and 2016 respectively to vacant posts in various courts without any reasoning and despite positive recommendations of the National Council of the Judiciary

in progress
26691/18Broda v. Poland29/06/2021
premature termination of judge's mandate

Art. 6 ECHR; premature termination of terms of judges without any reasoning who had been appointed as court vice-presidents and absence of any possibility to seek judicial review

closed
27367/18Bojara v. Poland29/06/2021
premature termination of judge's mandate

Art. 6 ECHR; same issues as in Broda v. Poland - removal of judges from their positions as court vice-presidents during their terms of office without providing reasons

closed
39650/18Żurek v. Poland16/06/22
premature termination of judge's mandate

Art. 6 ECHR violated, as very essence of right of access to court impaired; Art 10 ECHR also violated, since measures, as part of intimidation strategy, had chilling effect on judges’ participation in public debate on legislative reforms affecting the judiciary and on its independence; interference not “necessary in a democratic society”.

closed
43572/18Grzęda v. Poland
premature termination of judge's mandate

Art. 6 ECHR; interruption of the mandate of a supreme administrative court judge elected to the National Council of Judiciary before the end of its four-year term

in progress
4907/18Xero Flor v. Poland07/05/2021
unlawful appointmentof Constitutional Court judge

Art. 6 ECHR, unlawful appointment of one individual to the captured and unlawfully composed Constitutional Court; partly concurring, partly dissenting opinion of judge Wojtyczek

closed
21181/19Tuleya v. Poland
disciplinary proceedings against Polish judge Tuleya

Art. 8 and 10 ECHR; this case concerns the disciplinary regime for Polish judges. Judge Tuleya alleged that seven sets of disciplinary proceedings initiated against him in 2018 have brought his reputation into dispute

in progress
25226/18, 25805/18, 38378/19Pająk and others v Poland
retirement age of judges

Art. 6 ECHR; retirement age of judges, contrary to the irremovability of judges, alleged violation of Art. 6 ECHR as there was no remedy available to applicant for the refusal of the NJC to grant her permission to continue to work

in progress
43447/19, 49868/19 and 57511/19Reczkowicz and two Others v. Poland22/07/2021
chambers of Supreme Court

Art. 6 ECHR; complaints brought by barrister and two judges in relation to the two new chambers of the Supreme Court (Disciplinary Chamber and thee Chamber of Extraordinary Control and Public Affairs), which they claim were constituted in breach of the law following changes to the judiciary introduced in 2017

closed
49868/19 and 57511/19Dolińska - Ficek and Ozimek v. Poland
08/11/2021
lack of independence of NCJ

Art. 6 ECHR; the case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs (one of the two new chambers of the Supreme Court), which had decided on cases concerning them, had not been a “tribunal established by law” and had lacked impartiality and independence, the ECtHR ruled that Poland must take rapid action to resolve the lack of independence of the National Council of the Judiciary

closed
1469/20Advance Pharma Sp. z o.o v. Poland3/02/2022
National Council of the Judiciary

Art. 6 ECHR; complaint brought by a pharmaceutical company that the Civil Chamber of the Supreme Court, which decided on a case concerning it, was constituted on the recommendations of the National Council of the Judiciary and thus in breach of the law following changes to the judiciary introduced in 2017

closed
13278/20Biliński v. Poland
National Council of the Judiciary

Art. 6 ECHR; the applicant was judge at a District court and ruled on many freedom-of-expression cases. Some of these cases were perceived as unfavourable by the government and therefore criticized by politicians of the ruling party. The applicant claims that his transfer to another court was handled in breach of Article 6 ECHR and that the National Council of Judiciary lacked impartiality.

in progress
26004/20Pionka v. Poland
disciplinary proceedings against judges

Art. 6 and 8 ECHR; the case concerns proceedings before the domestic courts following the applicant’s declaration of means lodged in accordance with his role as a prosecutor. He was prosecuted for alleged incorrect declaration of means, which eventually came before the Disciplinary Chamber of the Supreme Court. That body overturned the previous decision of the Disciplinary Court at the General Prosecutor and allowed the prosecution to go forward and suspended the applicant from his official duties

in progress
28122/20 and 48599/20Brodowiak and Dżus v. Poland
judicial independence

Art. 6 ECHR; the applicants complain that their cases were not heard by an “independent and impartial tribunal established by law”

in progress
35599/20Juszczyszyn v. Poland
Disciplinary Chamber of the Supreme Court, judicial independence

Art. 6 and 8 ECHR; the applicant (Polish judge) complains that he had not been given access to an independent and impartial tribunal established by law, as he argues that the Disciplinary Chamber of the Supreme Court is not such a tribunal as its judges were appointed following a recommendation by the NCJ, which itself had been established in breach of the Constitution

in progress
43949/19Jezierska v. Poland
retirement age of judge

Art. 6, 8 and 14 ECHR; complaint by judge that was forced to retire based on legislation that has been deemed unlawful by CJEU (C-192/18), concerns issues such as judicial independence, discrimination by age/gender, access to court

in progress
51751/20Tuleya v. Poland
Disciplinary Chamber, lifting of immunity

Art. 6, 8 and 9 ECHR; a case initiated by judge Igor Tuleya which concerns the decision of the sham Disciplinary Chamber to lift his immunity for criminal prosecution, the case has been given priority under Rule 41

in progress
1819/21KB and others v. Poland
unlawful composition of Constitutional Court, abortion ruling by Constitutional Court

Art. 3, 6, and 8 ECHR; unlawful composition of Constitutional Court, impartiality of judges, violation of Art. 3/8 by abortion ruling of Polish Constitutional Court

in progress
18380/22Maciej Rutkiewcz v Poland
suspension of a judge by the Disciplinary Chamber of the Supreme Court

Art. 3, 8, and 18 ECHR; impartiality of judges

in progress
3639/21K.C. and Others v. Poland
unlawful composition of Constitutional Court, abortion ruling by Constitutional Court

Art. 3, 6, and 8 ECHR; unlawful composition of Constitutional Court, impartiality of judges, violation of Art. 3/8 by abortion ruling of Polish Constitutional Court

in progress
3801/21A.L. - B. and Others v. Poland
unlawful composition of Constitutional Court, abortion ruling by Constitutional Court

Art. 3, 6, and 8 ECHR; unlawful composition of Constitutional Court, impartiality of judges, violation of Art. 3/8 by abortion ruling of Polish Constitutional Court

in progress
40119/21M.L. v. Poland
composition of Constitutional Court, restrictive abortion laws

Art. 3, 6 and 8 ECHR; the applicant had an abortion scheduled one day after the Constitutional Court's judgement about banning abortions, the applicant took Poland to court over the violation of Art. 3 (inhuman treatment), Art. 8 (right to family life) and Art. 6 (right to a fair trial); Art. 6: the applicant claims the Constitutional Court's composition was incorrect and in breach of the Constitution because some judgese were elected by the Polish parliament too already filled judicial posts and some jjudges were not impartial because they had previously been an MP in favour o f restricting abortion laws in Poland.

ongoing

Romania: Court of Justice of the European Union
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

Romania: European Court of Human Rights

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

Malta: Court of Justice of the European Union

Case NumberNameDate of JudgementECLI:EU:C:SummaryStatus
C-896/19Repubblika v Il-Prim Ministru20/04/20212021:311
independence of judiciary

Art. 19 and TEU, Art. 47 CFR; complaint concerning the conformity with EU law of rules in the Maltese Constitution governing the procedure for the appointment of members of the judiciary due to political interference in the judiciary

closed

Malta: European Court of Human Rights

Case NumberNameDate of JudgementSummaryStatus