Recursul împotriva unei încheieri prin care se dispune sesizarea cu titlu preliminar a Curtii de Justitie a Uniunii Europene. Doua exemple recente din România

• Published in: Revista Romana de Drept European no. 4; p. 93
• Main Authors: Banu, Constantin Mihai, Calin, Dragos Alin, Sandru, Daniel Mihail
• Format: Journal Article
• Language: Romanian
• Published: Bucharest Wolters Kluwer Romania SRL 01.07.2016
• Subjects: Appeals; Court hearings & proceedings; Criminal procedure
• ISSN: 2068-8083

The article discusses two examples of the Romanian case-law which deal essentially with the issue of an appeal against an order by which a court or tribunal makes a preliminary reference to the Court of Justice of the European Union ("CJEU"). The first example, which we called a "judicial saga", involves two courts - the referring court and the court of appeal, the latter granting an appeal against an order to stay the proceedings and to make a reference to the CJEU. The consequence of granting the appeal was that the referring court was commanded to resume proceedings. A second appeal (in the same case) - against a second order of the trial court, by which the court supplemented the initial order for reference - was rejected on grounds of late submission. Yet this saga brings attention to another judgment, a decision of the Constitutional Court of Romania by which the latter rejected a claimed lack of constitutionality of certain rules of procedure in connection to the ability of bringing an appeal only with the substance of the case against an order to reject a request for a preliminary reference to the CJEU, but not (also) through a separate appeal. The main question that this article strives to answer concerns the consequences that granting an appeal against an order for reference to the CJEU are liable to bring for the dialogue between national and European courts, performed within the system envisaged in Article 267 TFEU.