Judgment_paragraph 79 · Criminal proceedings against PM and Others (C-357/19)

79In those circumstances, the Tribunalul Bihor (Regional Court, Bihor) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:(1) Are the [CVM], established by [Decision 2006/928], and the requirements laid down in reports prepared in accordance with that mechanism binding on Romania?(2) Is Article 2 [TEU], in conjunction with Article 4(3) [TEU], to be interpreted as meaning that the obligation on Romania to comply with the requirements laid down in reports prepared in accordance with the [CVM], established by [Decision 2006/928], forms part of the Member State’s obligation to comply with the principles of the rule of law, including in so far as concerns a constitutional court (a politico-judicial institution) refraining from intervening in order to interpret the law and to establish the specific and mandatory rules for the application of the law by judicial bodies, a task which falls within the exclusive jurisdiction of the judicial authorities, and in order to introduce new legislative measures, a task which falls within the exclusive competence of the legislative authorities? Does EU law require that the effects of any such decision, adopted by a constitutional court, should be disregarded? Does EU law preclude a provision of national law which governs the liability to disciplinary action of the judge who disapplied the decision of the Curtea Constituțională (Constitutional Court), in the context of the question referred?(3) Does the principle of judicial independence, enshrined in the second subparagraph of Article 19(1) TEU and in Article 47 of the [Charter], as interpreted by the [Court] (… judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C‑64/16, EU:C:2018:117), preclude the competences of courts being replaced by decisions of the Curtea Constituțională (Constitutional Court) ([Decisions No 51/2016, No 302/2017 and No 26/2019]), the result of which is that criminal proceedings are unforeseeable (retroactive application) and that it is impossible to interpret the law and apply it in the case under consideration? Does EU law preclude a provision of national law which governs the liability to disciplinary action of the judge who disapplied the decision of the Curtea Constituțională (Constitutional Court), in the context of the question referred?’