(English) Open letter of Romanian judges and prosecutors to the European Commission

AcasăToate articolele...(English) Open letter of Romanian judges and...

Uncategorized 11/08/2022 By Redacţia RFJ 0

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The Romanian Judges’ Forum Association, the Movement for Defending the Status of Prosecutors Association and the Initiative for Justice Association: We request the dissolution of the Judicial Inspection and the creation of two judicial inspection structures with distinct legal personality, one for judges and, respectively, another one for prosecutors

ECJ, Case C‑817/21, Inspecția Judiciară: ”71.(…) The Commission refers to examples which may show that those powers have been used, on several occasions, for the purpose of political control over judicial activity, some of which are also listed in the reports from the Commission to the European Parliament and the Council of 22 October 2019 and 8 June 2021 on progress in Romania under the Cooperation and Verification Mechanism (COM(2019) 499 final, pp. 7 and 8, and COM(2021) 370, p. 18), which the Romanian authorities must take into due account, under the principle of sincere cooperation laid down in Article 4(3) TEU, for the purpose of achieving the objectives pursued by Decision 2006/928 (…). 71. Subject to verification to be carried out by the referring court, it therefore appears that those elements of the national legal and factual context brought to the attention of the Court tend to corroborate, rather than invalidate, a possible finding that the legislation at issue in the main proceedings is not designed in such a way that there can be no reasonable doubt, in the minds of individuals, that the powers and functions of the Judicial Inspectorate will not be used as an instrument to exert pressure on, or political control over, judicial activity.”

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