High Court notifies the CJEU regarding the Constitutional Court’s decision on establishing the 5-judge panels

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A 5-judge panel with the High Court of Cassation and Justice (ICCJ – Supreme Court) has decided on Monday to notify the Court of Justice of the European Union (CJEU) in regard to the Constitutional Court’s interpretation and implementation of the legal framework in setting up the 5-judge panels.

This is the eighth notification from Romanian courts to the CJEU in the past months. The request to notify the European court was made by Judge Camelia Bogdan, who is challenging the second exclusion from magistracy, ziare.com reports.

Camelia Bogdan wanted to send several questions to the CJEU and several procedural exceptions. However, the Supreme Court admitted to send to the CJEU only one question and has postponed ruling on the case based on exceptions. The 5-judge panel has suspended the court case opened by Camelia Bogdan against the Superior Council of Magistracy (CSM) until the CJEU issues a preliminary decision.

Last week, the Bihor County Court 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 asked 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.

“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 was final, accompanied by a request for emergency procedure.

This was the seventh notification addressed to the CJEU by Romanian courts. The most recent one was issued in the ‘Bute Gala- Elena Udrea’ file.

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