(CJEU) Advocate General Collins: EU law precludes a national provision or practice according to which national courts have no jurisdiction to examine if a provision of national law, that a decision of the constitutional court of the Member State has found to be constitutional, is in conformity with EU law
Date of article: 20/01/2022
Daily News of: 24/01/2022
Country: 
EUROPE
Author: Court of Justice of the European Union
Article language: en
It also precludes the initiation of disciplinary proceedings and the application of disciplinary penalties in respect of a judge arising from that examination.
RS was convicted on foot of criminal proceedings in Romania. On 1 April 2020, RS’s wife lodged a criminal complaint, inter alia, against three members of the judiciary: a public prosecutor and two judges, accusing them of breaching RS’s rights of the defence. The application was registered before the Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Secția pentru Investigarea Infracțiunilor din Justiție (Section within the Public Prosecutor’s Office for the investigation of offences committed within the judicial system) (‘the SIIJ’).