CJEU – asked for the seventh time by Romanian judges if the CVM requirements are mandatory

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The Bihor County Court has notified the Court of Justice of the European Union (CJEU) for clarifications regarding the requirements of the Cooperation and Verification Mechanism (CVM) and on the effects of the Constitutional Court decisions.

The magistrates ask the European judges to answer several questions on the role played by the CCR decisions, e.g. if CCR can substitute the Parliament in the case of interpretations of laws, ziare.com reports.

“Is the EU law providing for eliminating the effects of such a decision made by a constitutional court?” is one of the key questions sent by the Bihor Court.

The decision to notify the CJEU is final, accompanied by a request for emergency procedure.

This is the seventh notification addressed to the CJEU from Romania. The most recent one was issued in the ‘Bute Gala- Elena Udrea’ file.

On January 29, 2019, the Olt County Court referred to the Court of Justice of the European Union to find out is the Cooperation and Verification Mechanism (CVM) demands are mandatory for the Romanian state, upholding an application filed by the Judges’ Forum Association (FJR).

The Court of Justice of the European Union should have answered four questions asked by the judges regarding the connection of the CVM reports with the Romanian state.

FJR has approached the issue due to a lawsuit at Olt Court by which the Association denies the appointment by Government emergency ordinance of the interim leadership of the Judicial Inspectorate.

The four questions were:

  1. Is the CVM, set up by European Commission decision 2006/928/CE dated December 13, 2006, to be considered as a document adopted by an EU institution, in the sense of article 267 of the EU Treaty, which could be interpreted by the Court of Justice of the European Union?
  2. The content, the character and the validity in time of the CVM (…) are they included in the Accession Treaty of Bulgaria and Romania to the EU, signed by Romania in Luxembourg on April 25, 2005? Are the requests included in the CVM reports binding for the Romanian state?
  3. and 4 – Article 19, paragraph (1) of the Treaty on European Union should be understood in the sense of an obligation for the Member States to establish the necessary measures for actual judicial protection in the field regulated by the Union’s law, i.e. guarantees independent disciplinary measures for the judges in Romania, eliminating any risk related to political influence on conducting disciplinary procedures, such as the appointment by the Government of the Judicial Inspectorate leadership, even as interim positions?

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