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The Supreme Court notifies the Court of Justice of the EU in connection to the decision of CCR regarding the panels of five judges

The High Court of Cassation and Justice decided on Monday to notify the Court of Justice of the European Union(CJUE) in connection to the way in which the Constitutional Court (CCR) interpreted and applied legislation regarding the constitution of the panels of five judges.

The decision was taken in the trial where judge Camelia Bogdan contests her exclusion from the miagistrates’ office. During the trial, Camelia Bogdan required the notification of CJUE with many questions but the judges accepted only one question.

‘Accepts, partly, the request for notification of the Court of Justice of the European Union. On the basis of dispositions 267 in the Treaty regarding the Functioning of the European Union notifies the Court of Justice of the European Union with a view to pronouncing a preliminary decision with regard to the following question: article 2 of the Treaty regarding the European Union, article 19 (1) from the same treaty and article 47 of the Chart of Fundamental Rights of the European Union must be interpreted so that they oppose the intervention of a constitutional court (body which, according to the domestic law, is not judging court) with regards to the way in which the supreme court interpreted and applied the legislation infraconstitutional in the activity of constitution of the panels of judges?’ the decision of the supreme court says.

On its merits, the Supreme Court suspended the decision in the trial started by Camelia Bogdan against the Supreme Council of Magistrates until the decision by the Court of Justice of the European Union  in a preliminary phase.

In April 2018, the section for judges of the Supreme Council of Magistrates decided for the second time, the exclusion from magistrates’ office of the judge Camelia Bogdan for disciplinary actions.

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