The Court of Justice of the European Union is facing a new challenge: compliance with the rule of law or not as a result of the effects of decisions delivered by the Constitutional Court of Romania

Dragoș Călin (Judge at the Bucharest Court of Appeal and co-president of the Romanian Judges' Forum Association)

1. Some decisions of the Constitutional Court of Romania and the requests for preliminary ruling filed by the courts in Romania

In Romania, the decisions of the Constitutional Court (CCR) have been the subject of endless public discussion in recent years.

Most recently, due to the fact that, according to a press release issued at the beginning of June by the National Anticorruption Directorate, the public opinion found out that, in a number of 801 criminal files regarding the offence of abuse of office, the solution of discontinuance of proceedings was ordered, as an effect of CCR Decision no. 405/2016, according to which, when establishing that the offence of abuse of office was committed, the judicial bodies must take into account only the infringement of the normative prescriptions of the law, and not also the infringement of certain obligations provided by Government decisions or other infra-legal rules. The value of the damage established during the criminal investigation, which has remained unrecovered, according to the Romanian prosecutors, amounts to RON 1,380,564,195, EUR 118,467,830 and USD 25,636,611.

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