(Case C-709/21 Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 24November 2021– MK
Tribunal de Justicia de la Unión Europea

(Case C-709/21 Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 24November 2021– MK

Fecha: 24-Nov-2021

Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 24November 2021– MK

(Case C-709/21)

Language of the case: Romanian

Referring court

Curtea de Apel Pitești

Parties to the main proceedings

Applicant/complainant: MK

Questions referred

Does the principle of the independence of the judiciary, enshrined in the second subparagraph of Article19(1) TEU, read in conjunction with Article2 TEU and Article47 of the Charter of Fundamental Rights of the European Union, preclude a provision of national law, such as that contained in Article148(2) of the Romanian Constitution, as interpreted by the Curtea Constituțională (Constitutional Court, Romania) in Decision No390/2021, according to which national courts have no jurisdiction to examine the conformity with EU law of a provision of national law that has been found to be constitutional by a decision of the Constitutional Court?

Does the principle of the independence of the judiciary, enshrined in the second subparagraph of Article19(1) TEU, read in conjunction with Article2 TEU and Article47 of the Charter of Fundamental Rights of the European Union, preclude a provision of national law, such as that contained in Article99(ș) of Legea nr. 303/2004 privind statutul judecătorilor și procurorilor (Law No303/2004 on the rules governing judges and prosecutors), which provides for the initiation of disciplinary proceedings and the application of disciplinary penalties in respect of a judge for failure to comply with a decision of the Constitutional Court, where that judge is called upon to acknowledge the primacy of EU law over the grounds of a decision of the Constitutional Court, that provision of national law depriving him or her of the possibility of applying a judgment of the Court of Justice of the European Union which he or she regards as taking precedence?

Does the principle of the independence of the judiciary, enshrined in the second subparagraph of Article19(1) TEU, read in conjunction with Article2 TEU and Article47 of the Charter of Fundamental Rights of the European Union, preclude a national judicial practice which precludes a judge, on pain of incurring disciplinary liability, from applying the case-law of the Court of Justice of the European Union in criminal proceedings in relation to a complaint regarding the reasonable duration of criminal proceedings, governed by Article4881 of the Romanian Code of Criminal Procedure?

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