BADESCU AND OTHERS v. ROMANIA - 22198/18 (Alleged lack of foreseeability of the legal basis for the conviction of judges for abuse of office : Remainder inadmissible : Fourth Section) French Text [2025] ECHR 95 (15 April 2025)

BADESCU AND OTHERS v. ROMANIA - 22198/18 (Alleged lack of foreseeability of the legal basis for the conviction of judges for abuse of office : Remainder inadmissible : Fourth Section) French Text [2025] ECHR 95 (15 April 2025)

The Court found that the relevant Romanian criminal provisions on abuse of office were formulated with sufficient precision, supported by interpretative jurisprudence, to enable the applicants, as judges, to foresee the risk of criminal liability for their acts. The national courts' interpretation and application of...

Source-derived case information.

Citation
[2025] ECHR 95
Parties
Applicant: Liliana Bădescu; Applicant: Dumitra Piciarcă; Applicant: Veronica Cîrstoiu; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Admissibility
Outcome
Remainder of the application declared inadmissible; no violation of Article 7 ECHR found.
Legal Topics
Abuse of Office, Nullum Crimen Sine Lege, Judicial Immunity, Foreseeability of Criminal Law, Article 7 ECHR
Criminal Law Human Rights Law Judicial Independence Abuse of Office Nullum Crimen Sine Lege Judicial Immunity Foreseeability of Criminal Law Article 7 ECHR

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Parties

Liliana Bădescu

Applicant

Dumitra Piciarcă

Applicant

Veronica Cîrstoiu

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Admissibility

  1. 1 Whether the legal basis for convicting judges for abuse of office was sufficiently foreseeable under Article 7 ECHR
  2. 2 Whether the applicants' criminal convictions violated the principle of legality and judicial independence

Ratio Decidendi

The Court found that the relevant Romanian criminal provisions on abuse of office were formulated with sufficient precision, supported by interpretative jurisprudence, to enable the applicants, as judges, to foresee the risk of criminal liability for their acts. The national courts' interpretation and application of the law did not undermine the guarantee of judicial independence. There was no violation of Article 7 ECHR.

Court Disposition

Remainder of the application declared inadmissible; no violation of Article 7 ECHR found.