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

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