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Case C-430/21: Judgment of the Court (Grand Chamber) of 22 February 2022 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — proceedings brought by RS (Reference for a preliminary ruling — Rule of law — Independence of the judiciary — Second subparagraph of Article 19(1) TEU — Article 47 of the Charter of Fundamental Rights of the European Union — Primacy of EU law — Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned — Disciplinary proceedings)
ECLI:EU:UNKNOWN:62021CA0430
62021CA0430
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Official Journal of the European Union
C 165/21
(Case C-430/21)
(Reference for a preliminary ruling - Rule of law - Independence of the judiciary - Second subparagraph of Article 19(1) TEU - Article 47 of the Charter of Fundamental Rights of the European Union - Primacy of EU law - Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned - Disciplinary proceedings)
(2022/C 165/24)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: RS
Operative part of the judgment
1.The second subparagraph of Article 19(1) TEU, read in conjunction with Article 2 and Article 4(2) and (3) TEU, with Article 267 TFEU and with the principle of the primacy of EU law, must be interpreted as precluding national rules or a national practice under which the ordinary courts of a Member State have no jurisdiction to examine the compatibility with EU law of national legislation which the constitutional court of that Member State has found to be consistent with a national constitutional provision that requires compliance with the principle of the primacy of EU law.
2.The second subparagraph of Article 19(1) TEU, read in conjunction with Article 2 and Article 4(2) and (3) TEU, with Article 267 TFEU and with the principle of the primacy of EU law, must be interpreted as precluding national rules or a national practice under which a national judge may incur disciplinary liability on the ground that he or she has applied EU law, as interpreted by the Court, thereby departing from case-law of the constitutional court of the Member State concerned that is incompatible with the principle of the primacy of EU law.
(1) OJ C 371, 3.11.2020.