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- Title
Protecţia jurisdicţională efectivă şi rolul Curţii de Justiţie a Uniunii Europene, din perspectiva Concluziilor avocatului general şi a Hotărârii Curţii în cauzele Asociaţia „Forumul Judecătorilor din România” şi alţii.
- Authors
Groza, Anamaria
- Abstract
It is out of any doubt, in this moment, that Member States must respect the obligations deriving in their charge from EU law, especially from articles 2 and 19 TEU and article 47 of the CFREU, regarding organisation of the judicial power. These legal bases have become the (re)sources of the effective judicial protection in the EU, being constantly used by the Court starting with Associação Sindical dos Juízes Portugueses judgment. On this judicial basis, the Court can develop a genuine constitutional role. Effective judicial protection imposes independence of tribunals and judges. Appreciating independence of the justice requires analyzing national rules regarding the organization of the judicial power and the status of judges, including constitutional norms. In his Conclusions, the Advocate General stands up bluntly this thesis. His vision is innovative regarding the role of the Court of Justice, role of the Charter of Fundamental Rights as a criterion of the constitutionality control and the possibility to use preliminary rulings as a procedural instrument to make this control possible.
- Subjects
EUROPEAN Union; JUDICIAL power; CIVIL rights; EUROPEAN Union law; CHARTERS; COURTS; JUDICIAL elections
- Publication
Judges Forum Review / Revista Forumul Judecătorilor, 2021, Issue 2, p78
- ISSN
2065-8745
- Publication type
Article