Ten Requests for a Preliminary Ruling Filed by the Romanian Courts for Maintaining the Rule of Law, a Common Value of All the European Union Member States

Abstract

Similarly to the situation of the deterioration of the rule and law and of the judicial system reform in Poland, in relation to which the Court of Justice of the European Union has already delivered several solutions of principle or has other applications for a preliminary ruling pending, the Romanian courts have also referred to CJEU, on the interpretation of the European Union law in the context of legislative amendments or Romanian Constitutional Court decisions. The first solutions of the Court of Justice of the European Union are expected at the earliest in the winter of 2020, and may cause, vertically, the review of some legislative solutions, in line with the European Commission requirements, under the Cooperation and Verification Mechanism, not only in matters where the European court was referred to, but also on other issues, for example, the meritocratic promotion of judges and prosecutors during their career, especially in the High Court of Cassation and Justice.

Keywords: Preliminary Reference, Rule of Law, Cooperation and Verification Mechanism, Effective Judicial Protection in the Fields Covered by Union Law