Romanian judges should avoid terminating cases because of the prescription terms in the cases involving misuse of EU funds because “this generates a systemic risk of impunity for such deeds,” according to a ruling of the Court of Justice of the European Union.

Rulings in this regard from the Constitutional Court should be overruled, CJEU stated.

This particularly refers to a situation where the Romanian Constitutional Court found that there are no legal grounds in the country’s legislation to suspend the prescription term in a case judged by the Brasov Court of Appeal. Not suspending the prescription term for specific causes often results in judges having to close a case due to the expiry of the term.

Some magistrates consulted by G4media.ro consider that the CJEU decision applies strictly to trials of fraud with European funds, tax evasion and smuggling but not corruption cases. Other magistrates argue that, on the contrary, the CJEU decision also concerns corruption trials.

The answer is to be provided by CJEU soon, as the Court has a similar ruling pending in which it was asked, also by the Brasov Court of Appeal, whether it can ignore decisions of the Constitutional Court (CCR) and the High Court (ICCJ) on prescription in corruption cases as well.

iulian@romania-insider.com

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