RS (Effet des arrêts d'une cour constitutionnelle) (Rule of law - Principle of judicial independence - no jurisdiction to examine the conformity with EU law of a provision of national law - Opinion) [2022] EUECJ C-430/21_O (20 January 2022)

RS (Effet des arrêts d'une cour constitutionnelle) (Rule of law - Principle of judicial independence - no jurisdiction to examine the conformity with EU law of a provision of national law - Opinion) [2022] EUECJ C-430/21_O (20 January 2022)

The principle of judicial independence, as enshrined in Article 19(1) TEU, Article 2 TEU, and Article 47 of the Charter, precludes national law or practice that prevents national courts from examining the conformity of national law with EU law, even where the national constitutional court has found the provision...

Source-derived case information.

Citation
[2022] EUECJ C-430/21_O
Parties
Applicant: RS; Referring Court: Curtea de Apel Craiova (Court of Appeal, Craiova, Romania); Respondent (in Context of National Law Interpretation): Curtea Constituțională (Constitutional Court) of Romania
Jurisdiction
European Union
Judgment Date
20 January 2022
Procedural Posture
Preliminary Ruling (opinion of Advocate General) / Opinion of Advocate General on Reference From National Court
Outcome
The principle of judicial independence under EU law precludes national law or practice that prevents national courts from examining the conformity of national law with EU law, and precludes disciplinary proceedings or penalties against judges for such examination.
Legal Topics
Primacy of EU Law, Judicial Independence, Disciplinary Proceedings Against Judges, Effective Judicial Protection, Interpretation of Article 19(1) TEU, Relationship Between National and EU Law
European Union Law Constitutional Law Judicial Independence Primacy of EU Law Disciplinary Proceedings Against Judges Effective Judicial Protection Interpretation of Article 19(1) TEU Relationship Between National and EU Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

RS

Applicant

Curtea de Apel Craiova (Court of Appeal, Craiova, Romania)

Referring Court

Curtea Constituțională (Constitutional Court) of Romania

Respondent (in Context of National Law Interpretation)

Procedural Posture

Preliminary Ruling (opinion of Advocate General) / Opinion of Advocate General on Reference From National Court

Legal Issues

  1. 1 Whether national law or practice can prevent national courts from examining the conformity of national law with EU law when the national constitutional court has found the provision constitutional
  2. 2 Whether disciplinary proceedings against judges for applying EU law in contravention of constitutional court decisions are compatible with the principle of judicial independence

Ratio Decidendi

The principle of judicial independence, as enshrined in Article 19(1) TEU, Article 2 TEU, and Article 47 of the Charter, precludes national law or practice that prevents national courts from examining the conformity of national law with EU law, even where the national constitutional court has found the provision constitutional. It also precludes disciplinary proceedings or penalties against judges for such examination or for applying EU law as interpreted by the CJEU.

Court Disposition

The principle of judicial independence under EU law precludes national law or practice that prevents national courts from examining the conformity of national law with EU law, and precludes disciplinary proceedings or penalties against judges for such examination.