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(Română) CJEU: „The national provisions requiring judges to submit a written declaration indicating any membership of an association, non-profit foundation or political party, which provide that that information be placed online, infringe the fundamental rights of those judges to protection of personal data and respect for private life. The placing online of information relating to past membership of a political party is not, in the present case, appropriate for attaining the alleged objective of strengthening the impartiality of judges. Information relating to membership of associations or non-profit foundations on the part of judges is liable to reveal their religious, political or philosophical beliefs. The placing online of that information could enable persons who, for reasons unrelated to the alleged public interest objective, seek to obtain information about the personal situation of the judge concerned to have free access to those data. Having regard to the specific context of the measures introduced by the amending law, such placing online is, moreover, liable to expose judges to risks of undue stigmatisation, by unjustifiably affecting the perception of those judges by individuals and the public in general”

Uncategorized 05/06/2023 0

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(Română) 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.”

Uncategorized 15/05/2023 0

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