EN
19.4.2022
Official Journal of the European Union
C 165/21
Judgment of the Court (Grand Chamber) of 22 February 2022 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — proceedings brought by RS (Case C-430/21) (1) (Reference for a preliminary ruling — Rule of law — Independence of the judiciary — Second subparagraph of Article 19(1) TEU — Article 47 of the Charter of Fundamental Rights of the European Union — Primacy of EU law — Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned — Disciplinary proceedings) (2022/C 165/24) Language of the case: Romanian Referring court Curtea de Apel Craiova
Parties to the main proceedings Applicant: RS
Operative part of the judgment 1.
The second subparagraph of Article 19(1) TEU, read in conjunction with Article 2 and Article 4(2) and (3) TEU, with Article 267 TFEU and with the principle of the primacy of EU law, must be interpreted as precluding national rules or a national practice under which the ordinary courts of a Member State have no jurisdiction to examine the compatibility with EU law of national legislation which the constitutional court of that Member State has found to be consistent with a national constitutional provision that requires compliance with the principle of the primacy of EU law. 2.
The second subparagraph of Article 19(1) TEU, read in conjunction with Article 2 and Article 4(2) and (3) TEU, with Article 267 TFEU and with the principle of the primacy of EU law, must be interpreted as precluding national rules or a national practice under which a national judge may incur disciplinary liability on the ground that he or she has applied EU law, as interpreted by the Court, thereby departing from case-law of the constitutional court of the Member State concerned that is incompatible with the principle of the primacy of EU law.
(1)
OJ C 371, 3.11.2020.
Judgment of the Court (Grand Chamber) of 22 February 2022 (requests for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Execution of European arrest warrants issued against X (C-562/21 PPU), Y (C-563/21 PPU) (Joined Cases C-562/21 PPU and C-563/21 PPU) (1) (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States — Conditions for execution — Charter of Fundamental Rights of the European Union — Second paragraph of Article 47 — Fundamental right to a fair trial before an independent and impartial tribunal previously established by law — Systemic or generalised deficiencies — Two-step examination — Criteria for application — Obligation of the executing judicial authority to determine, specifically and precisely, whether there are substantial grounds for believing that the person in respect of whom a European arrest warrant has been issued, if surrendered, runs a real risk of breach of his or her fundamental right to a fair trial before an independent and impartial tribunal previously established by law) (2022/C 165/25) Language of the case: Dutch Referring court Rechtbank Amsterdam