THE STATUTE OF LIMITATION: THE EVOLVING LANDSCAPE OF CRIMINAL LIABILITY IN THE LIGHT OF THE CJUE DECISION C-107/23PPU/LIN OF 24 JULY 2023
THE STATUTE OF LIMITATION: THE EVOLVING LANDSCAPE OF CRIMINAL LIABILITY IN THE LIGHT OF THE CJUE DECISION C-107/23PPU/LIN OF 24 JULY 2023

Summary/Abstract: Under the principle of the supremacy of Union law, a preliminary ruling of the Court of Justice is binding on the national court as regards the interpretation of Union law for the resolution of the particular dispute. The national court may not be prevented from applying Union law in a manner consistent with the decision or the case-law of the Court, if necessary by overruling national case-law which constitutes an obstacle to the full effectiveness of that law and the protection of public safety. In this study, we will focus our attention on the institution of the statute of limitation of criminal liability and how it has been going through the national legislative architecture starting February 1, 2014, the date of entry into force of the current Penal Code and until now, analysing what is left of this institution after two decisions of admission by the Constitutional Court of Romania, a decision of the Court of Justice of the European Union and an Emergency Ordinance

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