Impact of the European Union law on judicial reforms. Brief remarks on the Advocate General's Opinion of 23 September 2020 in joined cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19, C-397/19 Cover Image

Implicații ale dreptului Uniunii Europene asupra reformelor sistemului judiciar. Succint comentariu al Opiniei Avocatului General din 23 septembrie 2020 în cauzele reunite C-83/19, C-127/19, C195/19, C-291/19, C-355/19, C-397/19
Impact of the European Union law on judicial reforms. Brief remarks on the Advocate General's Opinion of 23 September 2020 in joined cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19, C-397/19

Author(s): Carmen Moldovan
Subject(s): Constitutional Law, Court case
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: judicial independence; CVM; special prosecution section;

Summary/Abstract: This paper aims to objectively analyse the arguments for which Advocate General Bobeck considered that national legislative reforms on the judiciary system in Romania are contrary to the European Union law. Particular attention will be given to issues concerning the legal nature of the reports of the Cooperation and Verification Mechanism and the functioning of the Special prosecution section. Even if the Advocate General's opinions are not legally binding, they play an important role in the interpretation of the issues before the Court. Analysing the content of this Opinion presents a theoretical and practical interest in the context of the general debate on these topics and the requests formulated by several national courts.

  • Issue Year: LXVI/2020
  • Issue No: 2
  • Page Range: 227-240
  • Page Count: 14
  • Language: Romanian