Impactul deciziilor recente ale CJUE asupra jurisprudentei naționale în materie penală
The Impact of The Recent Decisions of The CJEU on The National Jurisprudence in Criminal Matters

Author(s): Georgiana-Florina Ionescu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Published by: Universul Juridic
Keywords: Decision; Cooperation and Verification Mechanism; The Prevalence of Union Law; Disciplinary Liability; Impunity;
Summary/Abstract: The decision of the CJEU of December 21, 2021 was taken in the related cases C-357/19 Euro Box Promotion and others, C-379/19 DNA-Serviciul Teritorial Oradea, C-547/19 Association "Judges' Forum of Romania", C-811 /19 FQ and others and C-840/19 NC in the context of justice reform in the field of the fight against corruption in Romania, an area that had been the subject of a previous decision given by the Court on May 18, 2021. In these cases, the Court was referred by the Bihor Tribunal and the High Court of Cassation and Justice in order for it to rule on the conformity of some decisions pronounced by the Constitutional Court with Union law, as well as to establish whether the principles of the supremacy of Union law and the independence of judges allow them to leaves unapplied a decision of the Constitutional Court in the context in which, according to national law, non-compliance by magistrates with a decision of the Court constitutes disciplinary misconduct. The decisions of the Constitutional Court that are the subject of the notification submitted by the ICCJ are, on the one hand, Decision 417 of July 3, 2019, which aims to annul some decisions sentencing several people, including former parliamentarians and ministers for tax evasion crimes regarding VAT, such as and of corruption and influence peddling regarding the management of European funds for the illegal composition of the trial panels motivated by the fact that in the cases in which the ICCJ ruled as the first instance they should have been tried by a panel specialized in corruption crimes and, on the other hand part, Decision 685 of November 18, 2018 aimed at annulling the decisions handed down by the ICCJ as an appeal court in which only 4 of the 5 judges who were part of the trial panels were appointed by drawing lots. The decisions of the Constitutional Court that are the subject of the notification submitted by the Bihor Court are Decisions no. 51 of February 16, 2016, no. 302 of May 4, 2017 and no. 26 of January 16, 2019, decisions by which the Court declared unconstitutional the gathering of evidence in the criminal trial with the participation of the Romanian Intelligence Service, with the consequence of excluding them from the evidence for the trial of crimes of corruption and influence peddling.

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