Romania's Ombudsman argues judges should observe Constitutional Court's decisions

Romania's Ombudsman Renate Weber announced on October 20 that she had referred to the Constitutional Court (CCR) several articles of the Law on the status of judges and prosecutors - one of the three justice laws just endorsed by the Romanian lawmakers.

According to the note posted on the institution's website, Weber argues against articles 206, 228, 234 and 271, G4media.ro reported. Article 271 refers to disciplinary violations, and Renate Weber disputes the removal of the obligation for judges to observe the decisions of the Constitutional Court and the High Court of Cassation and Justice.

The debate has to do with the primacy of the EU law. Romania's Constitutional Court stated on December 23 last year that national judges will be able to override provisions of Romanian Law, including those of the Constitution, in favour of EU law only after the country's Constitution is amended accordingly.

The position is a response to a decision of the Court of Justice of the European Union (CJEU), which established on December 21 that national judges could leave unapplied CCR decisions that contravene EU law without risk of disciplinary inquiries.

andrei@romania-insider.com

(Photo source: Inquam Photos/George Calin)

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Romania's Ombudsman argues judges should observe Constitutional Court's decisions

Romania's Ombudsman Renate Weber announced on October 20 that she had referred to the Constitutional Court (CCR) several articles of the Law on the status of judges and prosecutors - one of the three justice laws just endorsed by the Romanian lawmakers.

According to the note posted on the institution's website, Weber argues against articles 206, 228, 234 and 271, G4media.ro reported. Article 271 refers to disciplinary violations, and Renate Weber disputes the removal of the obligation for judges to observe the decisions of the Constitutional Court and the High Court of Cassation and Justice.

The debate has to do with the primacy of the EU law. Romania's Constitutional Court stated on December 23 last year that national judges will be able to override provisions of Romanian Law, including those of the Constitution, in favour of EU law only after the country's Constitution is amended accordingly.

The position is a response to a decision of the Court of Justice of the European Union (CJEU), which established on December 21 that national judges could leave unapplied CCR decisions that contravene EU law without risk of disciplinary inquiries.

andrei@romania-insider.com

(Photo source: Inquam Photos/George Calin)

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