CELEX: 62019CN0195
Language: en
Date: 2019-02-28 00:00:00
Title: Case C-195/19: Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 28 February 2019 — PJ v QK

3.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 187/40
            
         
      Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 28 February 2019 — PJ v QK
      (Case C-195/19)
      (2019/C 187/44)
      Language of the case: Romanian
      
         Referring court
      
      Curtea de Apel București
      
         Parties to the main proceedings
      
      
         Applicant: PJ
      
         Defendant: QK
      
         Questions referred
      
      
                  1.
               
               
                  Are the Cooperation and Verification Mechanism (CVM), established by Commission Decision 2006/928/EC of 13 December 2006, (1) and the requirements laid down in the reports prepared in the context of that mechanism binding on Romania?
               
            
                  2.
               
               
                  Do Article 67(1) TFEU and both the first sentence of Article 2 TEU and the first sentence of Article 9 TEU preclude national legislation establishing a section of the prosecution office which has exclusive jurisdiction to investigate any type of offence committed by judges or prosecutors?
               
            
                  3.
               
               
                  Does the principle of the primacy of European law, as enshrined in the judgment of 15 July 1964, Costa, 6/64, EU:C:1964:66, and by subsequent settled case-law of the Court of Justice, preclude national legislation which allows a politico-judicial institution, such as the Curtea Constituțională a României (Romanian Constitutional Court), to infringe the aforementioned principle by means of decisions which are not open to appeal?
               
            
         (1)  Commission Decision of 13 December 2006 establishing a mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption (OJ 2006 L 354, p. 56).