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TRIIAL CASE
Romania – Court of Justice of the European Union (First Chamber) Case C-216/21 of 7 September 2023, ECLI:EU:C:2023:628 (request for a preliminary ruling from the Curtea de Apel Ploieşti - Romania) – Asociația ‘Forumul Judecătorilor din România’ and YN v Consiliul Superior al Magistraturii
Deciding court: Court of Justice of the European Union
Topic: Rule of law, independence of the judiciary
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.
TRIIAL CASE
Romania – Court of Justice of the European Union (First Chamber) Case C-53/23 of 8 May 2024, ECLI:EU:C:2024:388 (request for a preliminary ruling under Article 267 TFEU from the Curtea de Apel Piteşti (Court of Appeal Piteşti, Romania), made by decision of 31 January 2023, in the proceedings Asociația ‘Forumul Judecătorilor din România’, Asociația ‘Mișcarea pentru Apărarea Statutului Procurorilor’ v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României
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.
TRIIAL CASE
Court of Justice of the European Union (Grand Chamber), C-107/23 PPU (Effect of the decisions of a constitutional court), ECLI:EU:C:2023:606, in connection with Romanian Constitutional Court, Decision no. 297/26 April 2018, Decision no. 358/26 May 2022, Decision no. 67/2022 of the High Court of Cassation and Justice of Romania
Deciding court: Court of Justice of the European Union / Romanian Constitutional Court
Topic: Rule of law, independence of the judiciary
National Follow Up Of (when relevant): The Judgment of the Court in the Case C-107/23 PPU represents the response to the request made by a national ordinary court, Curtea de Apel Brasov (Court of Appeal, Brasov, Romania) as follow-up of the Decision no. 297/26.04.2018 and Decision no. 358/26.05.2022 of the Romanian Constitutional Court and Decision no. 67/2022 of the High Court of Cassation and Justice of Romania, which clarify the way it should be judged a national case as regards the criminal limitation period for criminal liability especially in criminal cases of crimes against financial interest of European Union
ECtHR jurisprudence: N/A
TRIIAL CASE
Italy, Tribunal of Milan, FR v. Ministero dell’Interno, ordinary instance, 9/5/2018
Deciding court: Tribunal of Milan
Topic: Impartiality (Conflict of Interest)Rule of law (Fair Trial/ Access to Justice)
National Follow Up Of (when relevant): The national case is a direct follow up of the CJEU order of 27 September 2018
ECtHR jurisprudence: Article 3 ECHRArticle 6 ECHRArticle 13 ECHRECtHR judgments:Gebremedhin v. France of 26 April 2007Hirsi Jamaa v. Italy of 23 February 2012Krombach v. France of 13 February 2001Annoni v. France of 14 November 2000
TRIIAL CASE
Portugal,  Tribunal Constitucional  (Constitutional Court), nº 70/2024, Constitutional, 23 January 2024
Deciding court: Constitutional Court
Topic: Rule of law
National Follow Up Of (when relevant):
ECtHR jurisprudence: N/A
TRIIAL CASE
Hungary, Kúria (Supreme Court of Hungary), Kfv.II.37.642/2022/15, supreme, 14 March 2023
Deciding court: Supreme Court of Hungary
Topic: Rule of Law
National Follow Up Of (when relevant): No
ECtHR jurisprudence: N/A
TRIIAL CASE

Slovenia, Administrative Court, I U 1490/2019-92, ordinary, 22 June 2020, ECLI:SI:UPRS:2020:I.U.1490.2019.92

Deciding court: Administrative Court of Republic of Slovenia
Topic: Rule of law: Principle of legality (in particular, law making powers of the executive/law making procedures) Prevention of abuse of powers Prohibition of arbitrariness Fair Trial/Access to Justice   Trust: Rule of law challenges affecting cooperation and mutual trust under the Return Directive 
National Follow Up Of (when relevant):
ECtHR jurisprudence: M.S. S. v Belgium and Greece, app. no. 30696/09, 21 January 2011 Hirsi Jamaa v Italy, app. no. 27765/09, 23 February 2012  Ilias and Ahmed v. Hungary, app. no. 47287/15, 21 November 2019 Čonka v. Belgium, app. no. 51564/99, 5 February 2002 M. A. v. Cyprus, app. no. 41872/10, 23 July 2013 M. A. and Others v. Lithuania, app. no.  59793/17, 11 December 2018 N.D. and N. T., app. nos. 8675/15 and 8697/15, 13 February 2020 Shioshvili and Others v. Russia, app. no. 19356/07, 20 December 2016 Sharifi and Others v. Italy and Greece, app. no. 16643/09, 21 October 2014 Khlaifia and Others v. Italy, app. no. 16483/12, 15 December 2016.
TRIIAL CASE

Slovenia, Constitutional Court, U-I-59/17-27, constitutional, 18 September 2019, ECLI:SI:USRS:2019:U.I.59.17

Deciding court: The Constitutional Court of Republic of Slovenia
Topic: Rule of law: Principle of legality (in particular, law making powers of the executive/law making procedures) Prevention of abuse of powers Prohibition of arbitrariness Fair Trial/Access to Justice Trust: - Mutual trust in Dublin Procedures (safe-third country concept)
National Follow Up Of (when relevant):
ECtHR jurisprudence: Vilvarajah and others v the United Kingdom of 30 October 1991 Chahal v the United Kingdom of  of 15 November 1996 Soering v the United Kingdom of  7 July 1989, M.S. S. v Belgium and Greece of 21 January 2011,  J.K. and others v Sweden of 23 August 2016 Ilias and Ahmed v Hungary of 14 March 2017 Jabari v Turkey Turčiji of 11 July 2000 Bahaddar v the Netherlands of 19 February 1998 Salah Sheekh v the Netherlands of 11 January 2007 Amuur v France of 25 June 1996 Selmouni v France of 28 July 1999 Gäfgen v Germany of 1 June 2010 Bouyid v Belgium of 28 September 2015 Khlaifia and Others v Italy of 15 December 2016
TRIIAL CASE
Romania, Înalta Curte de Casație și Justiție (High Court of Cassation and Justice), 450/07.09.2023, supreme instance, appeal in cassation
Deciding court: High Court of Cassation and Justice
Topic: Rule of law, independence, impartiality
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: art. 7 of ECtHRDecision Del Rio Prada against Spain, Grand Chamber, Kokkinakis against Greece, Vasiliuskas against Lithuania MC, Jamil against France, M against Germany, Gurguchiani against Spain, Scoppola against Italy, Maktouf and Damjanovic against Bosnia and Herzegovina, Cantoni against France, Kafkaris against Ciprus, Ruban against Ukraine (CE: ECHR:2016:0712JUD000892711), Dragptoniu and Militaru-Prodhorni against Romania
TRIIAL CASE
Hungary, Budapest Regional Court, 38.K.707.688/2020/23. (C-528/21), ordinary, 19 July 2021
Deciding court: Budapest Regional Court (Budapest High Court)
Topic: rule of law, right to a fair trial
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
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