The First Episode in the Romanian Rule of Law Saga: Joined
Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and
C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and
their follow-up at the national level

J 2022

The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and their follow-up at the national level

MORARU, Madalina Bianca and Raluca BERCEA

Basic information

Original name

The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and their follow-up at the national level

Authors

MORARU, Madalina Bianca (642 Romania, belonging to the institution) and Raluca BERCEA

Edition

European Constitutional Law Review, 2022, 1574-0196

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Netherlands

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access časopisu

Impact factor

Impact factor: 2.100

RIV identification code

RIV/00216224:14220/22:00125844

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.1017/S1574019622000074

UT WoS

000792179700001

Keywords in English

Romanian Rule; Cases C-83/19; C-127/19; C-195/19; C-291/19; C-355/19 and C-397/19

Abstract

V originále

In the Asociaţia ‘Forumul Judecătorilor din România’ joined cases,Footnote 1 referred to throughout this case note as AFJR, the Court of Justice of the EU was asked to assess whether the reformed disciplinary, civil and criminal liability of magistrates introduced in Romania during 2017-2019 may affect the Romanian judiciary’s capacity to adjudicate independently, and comply with the EU rule of law values. This judgment is of fundamental importance to the legal order of the EU as it analyses for the first time the legal nature and effects of key EU instruments used to ensure the accession of new member states to the EU and rule of law monitoring: the Cooperation and Verification Mechanism Decision (hereafter CVM Decision)Footnote2 and the European Commission Reports monitoring Romania’s progress on the rule of law under this Mechanism. The case brings an important contribution to the Court of Justice rule of law approach by, first, introducing the principle of progression towards achieving EU rule of law standards as set out in the CVM Decision and Commission Reports. Second, the Court of Justice sets out similar judicial independence parameters for all types of judicial liability regimes, beyond the disciplinary one which has repeatedly appeared in the Polish case law. The judgment will also be remembered as a strong restatement of the legally binding principle of primacy of EU law for constitutional courts.

Links

MUNI/J/0815/2021, interní kód MU

Name: The Role of Courts in Shaping Migrants' Rights (Acronym: REFORM)

Investor: Masaryk University, MASH JUNIOR - MUNI Award In Science and Humanities JUNIOR

Citovat

MORARU, Madalina Bianca and Raluca BERCEA. The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and their follow-up at the national level. European Constitutional Law Review. 2022, vol. 18, No 1, p. 82-113. ISSN 1574-0196. Available from: https://dx.doi.org/10.1017/S1574019622000074.

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   author = {Moraru, Madalina Bianca and Bercea, Raluca},
   article_number = {1},
   doi = {http://dx.doi.org/10.1017/S1574019622000074},
   keywords = {Romanian Rule; Cases C-83/19; C-127/19; C-195/19; C-291/19; C-355/19 and C-397/19},
   language = {eng},
   issn = {1574-0196},
   journal = {European Constitutional Law Review},
   title = {The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and their follow-up at the national level},
   url = {https://www.cambridge.org/core/journals/european-constitutional-law-review/issue/7F1A22BC4377DD5502FE798C0F75B40D},
   volume = {18},
   year = {2022}
}

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ID  - 1854286
AU  - Moraru, Madalina Bianca - Bercea, Raluca
PY  - 2022
TI  - The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România, and their follow-up at the national level
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EP  - 82-113
SN  - 15740196
KW  - Romanian Rule
KW  - Cases C-83/19
KW  - C-127/19
KW  - C-195/19
KW  - C-291/19
KW  - C-355/19 and C-397/19
UR  - https://www.cambridge.org/core/journals/european-constitutional-law-review/issue/7F1A22BC4377DD5502FE798C0F75B40D
N2  - In the Asociaţia ‘Forumul Judecătorilor din România’ joined cases,Footnote 1 referred to throughout this case note as AFJR, the Court of Justice of the EU was asked to assess whether the reformed disciplinary, civil and criminal liability of magistrates introduced in Romania during 2017-2019 may affect the Romanian judiciary’s capacity to adjudicate independently, and comply with the EU rule of law values. This judgment is of fundamental importance to the legal order of the EU as it analyses for the first time the legal nature and effects of key EU instruments used to ensure the accession of new member states to the EU and rule of law monitoring: the Cooperation and Verification Mechanism Decision (hereafter CVM Decision)Footnote2 and the European Commission Reports monitoring Romania’s progress on the rule of law under this Mechanism. The case brings an important contribution to the Court of Justice rule of law approach by, first, introducing the principle of progression towards achieving EU rule of law standards as set out in the CVM Decision and Commission Reports. Second, the Court of Justice sets out similar judicial independence parameters for all types of judicial liability regimes, beyond the disciplinary one which has repeatedly appeared in the Polish case law. The judgment will also be remembered as a strong restatement of the legally binding principle of primacy of EU law for constitutional courts.
ER  -

MORARU, Madalina Bianca and Raluca BERCEA. The First Episode in the Romanian Rule of Law Saga: Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asocia\c tia ‘Forumul Judec\u atorilor din Rom\^ania, and their follow-up at the national level. \textit{European Constitutional Law Review}. 2022, vol.~18, No~1, p.~82-113. ISSN~1574-0196. Available from: https://dx.doi.org/10.1017/S1574019622000074.

Detailed Information on Publication Record