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JusMin Ion says breaking CJEU decision by magistrates could be considered disciplinary misconduct

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Stelian Ion

The Minister of Justice, Stelian Ion, declared on Wednesday that he is considering a legislative modification, according to which breaking the decisions of the Court of Justice of the European Union (CJEU) by magistrates could be considered disciplinary misconduct.

The specifications were made during a press conference held at Victoria Palace, after the minister was asked if the deeds issued by the interim chief-inspector of the Judiciary Inspection, Lucian Netejoru, are null and void.

"It is a matter upon which, regardless of the opinion of a Minister, be they Minister of Justice, the courts will speak their point of view and will give solutions, so that we waited from the courts to give correct solutions and to express solutions regarding what we all learned in Law School, namely to give priority to the European Union Law, wherever applicable and where we obligated ourselves, through treaties, to do so. Hence, the prevalence of the Law of the European Union cannot be contested and this obvious matter should be reflected in court decisions, with the slight differences... Of course, I will not go into too many details. What is important, though, and I am considering it for a future legislative amendment, is that when the judges' conduct is being checked, to report this conduct not just to applying the decisions of the Constitutional Court, for example, but also to applying the CJEU decisions, so that not just breaking the Constitutional Court's decisions, but also breaking CJEU decisions, will perhaps become disciplinary misconduct. It is a very important matter of subtlety, which yet needs to be voiced," the minister specified.

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