CELEX: 62022CN0013
Language: en
Date: 2022-01-05 00:00:00
Title: Case C-13/22: Request for a preliminary ruling from the Curtea de Apel Piteşti (Romania) lodged on 5 January 2022 — EF, GH, IJ v KL

10.5.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 191/9
            
         
      Request for a preliminary ruling from the Curtea de Apel Piteşti (Romania) lodged on 5 January 2022 — EF, GH, IJ v KL
      (Case C-13/22)
      (2022/C 191/12)
      Language of the case: Romanian
      
         Referring court
      
      Curtea de Apel Piteşti
      
         Parties to the main proceedings
      
      
         Applicants: EF, GH, IJ
      
         Defendant: KL
      
         Questions referred
      
      
                  1.
               
               
                  Does the principle of the independence of the judiciary, enshrined in the second subparagraph of Article 19(1) TEU, read in conjunction with Article 2 TEU and Article 47 of the Charter of Fundamental Rights of the European Union, preclude a provision of national law, such as that contained in Article 148(2) of the Romanian Constitution, as interpreted by the Curtea Constituțională (Constitutional Court, Romania) in Decision No 390/2021, according to which national courts no longer have jurisdiction to examine the conformity with EU law of a provision of national law that has been found to be constitutional by a decision of the Constitutional Court?
               
            
                  2.
               
               
                  Does the principle of the independence of the judiciary, enshrined in the second subparagraph of Article 19(1) TEU, read in conjunction with Article 2 TEU and Article 47 of the Charter of Fundamental Rights of the European Union, preclude a provision of national law, such as that contained in Article 99(ș) of Legea nr. 303/2004 privind statutul judecătorilor și procurorilor (Law No 303/2004 on the rules governing judges and prosecutors), which provides for the initiation of disciplinary proceedings and the application of disciplinary penalties in respect of a judge for failure to comply with a decision of the Constitutional Court, where that judge is called upon to acknowledge the primacy of EU law over the grounds of a decision of the Constitutional Court, that provision of national law depriving him or her of the possibility of applying a judgment of the Court of Justice of the European Union which he or she regards as taking precedence?