Cjue-817 21

PRESS RELEASE No 76/23
Luxembourg, 11 May 2023
Judgment of the Court in Case C-817/21 | Inspecţia Judiciară
Rule of law: the body in charge of disciplinary proceedings against judges

must be independent and impartial
The rules governing the review of the actions of its director must be designed in such a way as to dispel any
reasonable doubt in that respect
In Romania, a party in several criminal proceedings filed a number of disciplinary complaints with the competent
Judicial Inspectorate against certain judges and prosecutors involved. Since all of those complaints were the subject
of decisions to take no further action, that party lodged a complaint against the Chief Inspector, in respect of which
it was also decided to take no further action. She then turned to the Court of Appeal, Bucharest, Romania, to
challenge those decisions to take no further action, claiming, inter alia, that it is impossible to bring disciplinary
proceedings on account of the concentration of powers in the hands of the Chief Inspector. Such a concentration of
powers is, in her opinion, contrary to EU law.
The Court of Appeal, Bucharest, referred a question to the Court of Justice in that regard.
By its judgment delivered today, the Court of Justice confirmed its case-law 1 according to which, while the
organisation of justice is a matter for the Member States, the exercise of that power must comply with EU law. As
such, the disciplinary regime applicable to the judges who may be called upon to apply EU law must provide
the necessary guarantees in order to prevent any risk of its being used as an instrument of political control
over their activities.
The rules governing the organisation and operation of a body competent to conduct disciplinary investigations and
to bring disciplinary proceedings against judges and prosecutors must, consequently, comply with the requirements
arising from EU law and, in particular, that of the rule of law.
In order to verify that this is indeed the case, the Court specifies that it is for the referring court to assess the
Romanian legislation as such and in its national legal and factual context.
As to the relevant factors for the purposes of carrying out that assessment, the Court notes that, under Romanian
law, disciplinary action intended to punish abuses committed by the Chief Inspector can be initiated only by a
member of staff whose career depends, to a large extent, on the decisions of the Chief Inspector. In addition, the
decisions relating to the Chief Inspector can be reviewed by the Deputy Chief Inspector, who has been appointed by
the Chief Inspector and whose term of office will end at the same time as that of the latter. Such a disciplinary
regime appears, subject to verification to be carried out by the Court of Appeal, Bucharest, capable of preventing,
in practice, disciplinary proceedings from being brought effectively against the Chief Inspector, even if the
1 Judgement of 18 May 2021, Asociația ‘Forumul Judecătorilor din România’ and Others, C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and
C-397/19 (see, also, Press Release No 82/21),
Communications Directorate
Press and Information Unit curia.europa.eu
latter were to be the subject of properly substantiated complaints.
The decision to take no further action with regard to a complaint against the Chief Inspector may be subject to
review which could lead, where appropriate, to the annulment of the decision to take no further action. It is,
however, for the Court of Appeal, Bucharest, to assess the extent to which the powers available to the Romanian
courts in that regard are capable of allowing disciplinary proceedings to be brought effectively against the Chief
Inspector and complaints directed against the latter to be handled efficiently and impartially.
The Court notes, in that respect, that if that court were to conclude that the Chief Inspector’s actions cannot, in the
context of the legislation at issue in the main proceedings, be the subject of genuine and effective control, the view
would have to be taken that 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 the Judicial Inspectorate will not be used as an instrument
to exert pressure on, or political control over, judicial activity.
As to the national legal and factual context, it appears that the powers of the Chief Inspector have been
strengthened in the wider context of the reforms concerning the organisation of the Romanian judiciary the
purpose or effect of which is to reduce the guarantees of independence and impartiality of Romanian
judges. Moreover, it appears that the Chief inspector is closely linked to the executive or the legislature. Last,
account must also be taken of the Chief Inspector’s actual practice in the exercise of his or her powers that can be
used for the purpose of political control over judicial activity.
Subject to verification to be carried out by the Court of Appeal, Bucharest, it therefore appears that the elements of
the legal and factual context brought to the attention of the Court tend to corroborate, rather than invalidate, a
possible finding that the legislation at issue 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 the Judicial Inspectorate will not be
used as an instrument to exert pressure on, or political control over, judicial activity.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which
have been brought before them, to refer questions to the Court of Justice about the interpretation of European
Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the
national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on
other national courts or tribunals before which a similar issue is raised.
Unofficial document for media use, not binding on the Court of Justice.
The full text of the judgment is published on the CURIA website on the day of delivery.
Press contact: Jacques René Zammit ✆(+352) 4303 3355
Pictures of the delivery of the judgment are available from 'Europe by Satellite' ✆(+32) 2 2964106
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Communications Directorate
Press and Information Unit curia.europa.eu

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PRESS RELEASE No 76/23

Luxembourg, 11 May 2023

Judgment of the Court in Case C-817/21 | Inspecţia Judiciară

Rule of law: the body in charge of disciplinary proceedings against judges

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