Once Again on the Rule of Law in Romania. The Risk that Thousands of Defendants Would not Face Criminal Liability: A New Wave of Requests Preliminary Rulings at the CJEU

6 Pages Posted: 24 May 2023

See all articles by Dragos Calin

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute; Bucharest Court of Appeal

Date Written: May 10, 2023

Abstract

The decisions of the Constitutional Court of Romania once again caused a wave of requests for a preliminary rulings at the CJEU. Currently there are ten such new referrals that the ordinary courts in Romania (Brașov Court of Appeal, Bucharest Court of Appeal, Bistrița First Instance Court) have submitted or are going to submit after drafting the decisions, under Article 267 of the Treaty on the Functioning of the European Union. In fact, one of the requests for a preliminary ruling (case C-107/23 PPU, Lin) will be heard in an urgent preliminary ruling procedure, therefore, in a very short time, a solution is expected from the CJEU, as the pleadings are scheduled for 10 May 2023.

Keywords: Judiciary, Magistracy, Constitutionality, Cooperation and Verification Mechanism

Suggested Citation

Calin, Dragos, Once Again on the Rule of Law in Romania. The Risk that Thousands of Defendants Would not Face Criminal Liability: A New Wave of Requests Preliminary Rulings at the CJEU (May 10, 2023). Available at SSRN: https://ssrn.com/abstract=4444670 or http://dx.doi.org/10.2139/ssrn.4444670

Dragos Calin (Contact Author)

Romanian Academy - Center for European Legal Studies, Legal Research Institute ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania

Bucharest Court of Appeal ( email )

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