Deciding court: Court of Justice of the European Union
Topic: Independence and accountability of the judiciary
National Follow Up Of (when relevant): The Judgment of the Court in case C- 58/22 represents the response to the request made by a national ordinary court, Court of Appeal, Craiova, as follow-up of a judgment in a criminal matter, issued by the High Court of Cassation and Justice, Romania, within an cassation appeal. By this Decision, the High Court of Cassation and Justice found that the that Court of Appeal Craiova wrongfully applied the principle ne bis in idem. In the context of reconsideration of its decision, the referring court raised a question of the interpretation to be given to the principle ne bis in idem, within the meaning of Article 50 of the Charter, in circumstances such as those at issue in the main proceedings.
ECtHR jurisprudence: Mihalache v. Romania, CE:ECHR:2019:0708JUD005401210
Deciding court: Court of Justice of the European Union
Topic: Rule of law, independence of the judiciary, Cooperation and Verification Mechanism, Benchmarks subscribed to by Romania, Fight against corruption, Investigations of offences committed within the judicial system, Action challenging the nomination of prosecutors with competence to conduct those investigations, Standing of professional associations of judges to bring proceedings
National Follow Up Of (when relevant): The national case is not the direct follow -up of a CJEU or ECtHR decision.
ECtHR jurisprudence: The ECHR jurisprudence was not referred to in this case.
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