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Case C-817/21, Inspecţia Judiciară: Judgment of the Court (First Chamber) of 11 May 2023 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — R.I. v Inspecţia Judiciară, N.L. (Reference for a preliminary ruling — Rule of law — Judicial independence — Second subparagraph of Article 19(1) TEU — Decision 2006/928/EC — Independence of the judiciary — Disciplinary proceedings — Judicial Inspectorate — Chief Inspector with powers of regulation, selection, assessment, appointment and disciplinary investigation)
ECLI:EU:UNKNOWN:62021CA0817
62021CA0817
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26.6.2023
Official Journal of the European Union
C 223/3
(Case C-817/21, (<span class="oj-super oj-note-tag">1</span>) Inspecţia Judiciară)
(Reference for a preliminary ruling - Rule of law - Judicial independence - Second subparagraph of Article 19(1) TEU - Decision 2006/928/EC - Independence of the judiciary - Disciplinary proceedings - Judicial Inspectorate - Chief Inspector with powers of regulation, selection, assessment, appointment and disciplinary investigation)
(2023/C 223/03)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: R.I.
Defendant: Inspecţia Judiciară, N.L.
Operative part of the judgment
Article 2 TEU and the second subparagraph of Article 19(1) TEU, read in conjunction with Commission Decision 2006/928/EC of 13 December 2006 establishing a mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption,
must be interpreted as precluding national legislation:
which confers on the director of a body competent to conduct investigations and bring disciplinary proceedings against judges and prosecutors the power to adopt acts of a normative and individual nature relating, inter alia, to the organisation of that body, the selection of its staff members, their assessment, the conduct of their activities and the appointment of a deputy director,
where, first of all, those members of staff and the deputy director alone are competent to conduct a disciplinary investigation against that director, next, their careers depend, to a large extent, on the decisions of that director and, finally, the term of office of the deputy director will end at the same time as that of the director,
when that legislation is not designed in such a way that there can be no reasonable doubt, in the minds of individuals, that the powers and functions of that body will not be used as an instrument to exert pressure on, or political control over, the activity of those judges and prosecutors.
* * *
(<span class="oj-super">1</span>) OJ C 165, 19.4.2022.