Grounds for non-execution – Official Blog of UNIO

Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)

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Judgment of the Court (First Chamber) of 7 September 2023, Asociaţia «Forumul Judecătorilor din România», Case C‑216/21, EU:C:2023:628

Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges

Facts

In 2019, the Consiliul Superior al Magistraturii (Superior Council of Magistracy, Romania) (CSM) altered the procedure for the effective promotion of judges to the regional courts and the courts of appeal by replacing the old written exams with an assessment of candidates’ work and conduct during their last three years of service. The Asociaţia «Forumul Judecătorilor din România» (‘Forum of Judges of Romania’ Association) and YN brought an action before the referring court, the Curtea de Apel Ploiești (Court of Appeal, Ploieşti, Romania), for partial annulment of that decision.

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Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)

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Judgment of 18 April 2023 , E.D.L. (Ground for refusal based on illness), Case C‑699/21, EU:C:2023:295

Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 23(4) – Surrender procedures between Member States – Grounds for non-execution – Article 4(3) TEU – Duty of sincere cooperation – Postponement of the execution of the European arrest warrant – Article 4 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Serious, chronic and potentially irreversible illness – Risk of serious harm to health affecting the person concerned by the European arrest warrant

Facts

On 9 September 2019, the Općinski sud u Zadru (Municipal Court, Zadar, Croatia) issued a European arrest warrant (EAW) against E.D.L., who resides in Italy, for the purposes of conducting a criminal prosecution in Croatia.

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