Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 28 February 2019 — PJ v QK

(Case C-195/19)

Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings

Applicant: PJ

Defendant: QK

Questions referred

Are the Cooperation and Verification Mechanism (CVM), established by Commission Decision 2006/928/EC of 13 December 2006, 1 and the requirements laid down in the reports prepared in the context of that mechanism binding on Romania?

Do Article 67(1) TFEU and both the first sentence of Article 2 TEU and the first sentence of Article 9 TEU preclude national legislation establishing a section of the prosecution office which has exclusive jurisdiction to investigate any type of offence committed by judges or prosecutors?

Does the principle of the primacy of European law, as enshrined in the judgment of 15 July 1964, Costa, 6/64, EU:C:1964:66, and by subsequent settled case-law of the Court of Justice, preclude national legislation which allows a politico-judicial institution, such as the Curtea Constituțională a României (Romanian Constitutional Court), to infringe the aforementioned principle by means of decisions which are not open to appeal?


1 Commission Decision 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 (OJ 2006 L 354, p. 56).