The active role of judge, the right to a fair trial and refusal to make a preliminary reference, Romanian Academy, 23rd October 2013

Romanian Association of Law and European Affairs (ARDAE),

Center for Constitutional Law and Political Institutions (CDCIP) University of Bucharest

Centre for European Legal Studies (CSDE) of Legal Research Institute of the Romanian Academy,  within the framework of IADUER.ro research program, addresses the invitation to attend the debate

The active role of judge, the right to a fair trial and refusal to make a preliminary reference

Romanian Academy, 23^rd October  2013, 14:30

On this occasion the book “Refuzul instanţelor naţionale de a trimite întrebări preliminare. Jurisprudenţa românească” (Refusal of national courts to submit preliminary questions. Romanian case law), CH Beck, 2013, will be released.

The debate will be attended by Professor Dr. Simina Tănăsescu, Judge Dragos Calin, Mihai Banu and Professor Dr. Mihai Sandru – acting as moderator.

The national judge, in his/her capacity of judge of European law, is able to engage, and sometimes is even under a duty to engage in a dialogue with the Court of Justice of the European Union, dialogue which is carried mainly through the preliminary ruling procedure (provided for in Article  267 TFEU). One of the features of this judicial dialogue is (paradoxically or not) the refusal of national court to refer to the Court of Justice for a preliminary ruling. The debate, which will start from this recent book from “IADUER” series, seeks, along with a review of the typologies concerning the rejected requests of parties to refer to the Court of Justice for a preliminary ruling, as encountered in Romanian courts practice, to clarify the framework in which the judge, when rejects such a request, must respect the right to a fair trial according to principles provided for in the European Convention on Human Rights.

Partners of the event: CH Beck, Editura Universitară, Wolters Kluwer, Asociaţia Forumul Judecătorilor (“The Romanian Judges Forum” Association).

The registration of the participants is done in their chronological order confirmation by email – mihai.sandru @ csde.ro.  More info: www.iaduer.ro

Romanian version