CJC Database

TRIIAL CASE

European Court of Human Rights (Fourth Section), CASE OF KÖVESI v. ROMANIA (Application no. 3594/19), Judgement dated 05.05.2020 (final as of 05.08.2020)

Deciding court: European Court of Human Rights/Romanian Constitutional Court

Topic: rule of law, freedom of expression, independence of prosecutors

National Follow Up Of (when relevant): The judgement of the European Court of Human Rights (Fourth Section), CASE OF KÖVESI v. ROMANIA (Application no. 3594/19) is a follow-up of the Decision no. 358/2018 of the Constitutional Court of Romania that forced the Romanian President to dismiss Laura Codruța Kövesi from the position of chief prosecutor of the Romanian National Anti-Corruption Directorate. By Decision no. 358/2018, the Constitutional Court of Romania assessed that it existed a legal conflict of a constitutional nature between the Minister of Justice and the President of Romania, generated by the refusal of the President of Romania to put into practice the proposal of the Minister of Justice to dismiss Laura Codruța Kövesi from the position of Chief Prosecutor of the National Anticorruption Directorate and ruled that the President of Romania was due to issue the decree on the dismissal of Laura Codruța Kövesi from the position of chief prosecutor of the National Anticorruption Directorate.

ECtHR jurisprudence: Council of Europe: Committee of Ministers, Recommendation Rec(2000)19 of the Committee of Ministers to Member States on the Role of Public Prosecution in the Criminal Justice System, 6 October 2000, Rec(2000)19;The Consultative Council of European Prosecutors in its Opinion No. 9 (2014) on European norms and principles concerning prosecutors of 17 December 2014.Baka v. Hungary [GC], no. 20261/12, 23 June 2016Boyle and Rice v. the United Kingdom, 27 April 1988, Series A no. 131Brisc v. Romania, no. 26238/10, 11 December 2018Denisov v. Ukraine [GC], no. 76639/11, 25 September 2018Di Giovanni v. Italy, no. 51160/06, 9 July 2013Efendiyeva v. Azerbaijan, no. 31556/03, 25 October 2007Gîrleanu v. Romania, no. 50376/09, 26 June 2018Golder v. the United Kingdom, 21 February 1975, Series A no. 18Guja v. Moldova [GC], no. 14277/04, ECHR 2008Harabin v. Slovakia, no. 58688/11, 20 November 2012Karácsony and Others v. Hungary [GC], nos. 42461/13 and 44357/13, 17 May 2016Kayasu v. Turkey, no. 64119/00, 13 November 2008Khuzhin and Others v. Russia, no. 13470/02, 23 October 2008Kudeshkina v. Russia, no. 29492/05, 26 February 2009Kuznetsov and Others v. Russia, no. 184/02, 11 January 2007Lupeni Greek Catholic Parish and Others v. Romania [GC], no. 76943/11, 29 November 2016Morice v. France [GC], no. 29369/10, ECHR 2015Nazsiz v. Turkey (dec.), no. 22412/05, 26 May 2009Nedeltcho Popov v. Bulgaria, no. 61360/00, 22 November 2007Özpınar v. Turkey, no. 20999/04, 19 October 2010Ramos Nunes de Carvalho e Sá v. Portugal [GC], nos. 55391/13 and 2 others, 6 November 2018Regner v. the Czech Republic [GC], no. 35289/11, 19 September 2017Serdal Apay v. Turkey (dec.), no. 3964/05, 11 December 2007Suküt v. Turkey (dec.), no. 59773/00, 11 September 2007Vilho Eskelinen and Others judgment [GC], no. 63235/00, ECHR 2007-IIVogt v. Germany, 26 September 1995, Series A no. 323Wille v. Liechtenstein [GC], no. 28396/95, 28 October 1999

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