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Valentina R., lawyer
Reference for a preliminary ruling – Articles 43, 92(1) and 103(1) of the Rules of Procedure – Charter of Fundamental Rights of the European Union – Compensation payable to persons sentenced in political trials under the Communist regime – Right to compensation for non-material harm suffered – Failure to implement European Union law – Court clearly lacking jurisdiction
References for a preliminary ruling – Jurisdiction of the Court – Limits – Request for interpretation of the Charter of Fundamental Rights of the Union – National legislation not amounting to a measure giving effect to Union law – Lack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1)) (see paras 28, 30-35, operative part)
Request for a preliminary ruling – Tribunalul Argeş – Interpretation of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and of Article 8 of the Universal Declaration of Human Rights – Compensation of individuals who were the subject of politically-motivated convictions under the Communist regime – Whether national legislation reducing the right to compensation for the non-material damage suffered is permissible.
The Court of Justice of the European Union clearly lacks jurisdiction to reply to the questions referred by the Tribunalul Argeş (Romania) by decisions of 4 April and 4 July 2011.