Asociaţia “Forumul Judecătorilor din România” (Associations de magistrats) (Rule of law - Independence of the judiciary - Benchmarks subscribed to by Romania - Fight against corruption - Judgment) French Text [2024] EUECJ C-53/23 (08 May 2024)

Asociaţia “Forumul Judecătorilor din România” (Associations de magistrats) (Rule of law - Independence of the judiciary - Benchmarks subscribed to by Romania - Fight against corruption - Judgment) French Text [2024] EUECJ C-53/23 (08 May 2024)

EU law does not require Member States to grant standing to professional associations of magistrates to challenge the appointment of prosecutors investigating magistrates, where national law limits such standing to those with a private legitimate interest. Such limitation does not violate the principles of judicial...

Source-derived case information.

Citation
[2024] EUECJ C-53/23
Parties
Applicant: Asociaţia “Forumul Judecătorilor din România”; Applicant: Asociaţia “Mişcarea pentru Apărarea Statutului Procurorilor”; Respondent: Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie - Procurorul General al României
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Reference answered; national law upheld.
Legal Topics
Rule of Law, Independence of the Judiciary, Standing of Professional Associations, Judicial Review, Corruption Investigations
European Union Law Administrative Law Judicial Independence Rule of Law Independence of the Judiciary Standing of Professional Associations Judicial Review Corruption Investigations

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Parties

Asociaţia “Forumul Judecătorilor din România”

Applicant

Asociaţia “Mişcarea pentru Apărarea Statutului Procurorilor”

Applicant

Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie - Procurorul General al României

Respondent

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Whether EU law requires Member States to grant standing to professional associations of magistrates to challenge the appointment of prosecutors investigating magistrates, in defence of judicial independence.

Ratio Decidendi

EU law does not require Member States to grant standing to professional associations of magistrates to challenge the appointment of prosecutors investigating magistrates, where national law limits such standing to those with a private legitimate interest. Such limitation does not violate the principles of judicial independence or effective judicial protection under EU law.

Court Disposition

Reference answered; national law upheld.

Orders

  • Article 2 and Article 19(1) TEU, read with Articles 12 and 47 of the Charter, do not preclude national law limiting standing to those with a private legitimate interest, thereby excluding professional associations of magistrates from challenging prosecutor appointments.