Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-09/cp230137en.pdf

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PRESS RELEASE No 137/23

Luxembourg, 7 September 2023

Judgment of the Court in Case C-216/21 | Asociaţia ‘Forumul Judecătorilor din România’

Rule of law in Romania: the promotion of judges to a higher court, based on an assessment, by members of that court, of their work and conduct, is compatible with EU law

The relevant substantive conditions and procedural rules must, however, be such as to dispel any reasonable doubt as to the independence and the impartiality of the judges concerned, once they have been promoted

In 2019, the Superior Council of Magistracy (SCM) of Romania approved a reform of the procedure for the promotion of judges to higher courts. The ‘Forum of Judges of Romania’ Association and a private individual are contesting that reform before the Court of Appeal, Ploieşti (Romania).

The applicants in the main proceedings submit that replacing the old written exams with an assessment, by (i) the president and (ii) members of the higher court concerned, of candidates’ work and conduct makes the promotion scheme subjective and discretionary.

The Court of Appeal, Ploieşti, is questioning the Court of Justice as to the compatibility of such a reform with the principle of the independence of judges. 

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