President of the European Union Court of Justice in Bucharest: For the EU law to be applied correctly, there is need of independent and impartial justice. “Abuse of office shouldn’t depend on the size of the damage”

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The President of the European Union Court of Justice, Koen Lenaerts, after his meeting with the judges of the Constitutional Court of Romania on Monday said that he wanted the EU law to be applied correctly, which only an independent and impartial justice can do.

“My wish is that the European Union law be applied correctly. And this can only be done by independent and impartial judges and justice system. For judges do not just cooperate with the judges of the European Union Court of Justice, but they need to cooperate among them at national level,” said Koen Lenaerts, after his meeting with the judges of the Constitutional Court, according to the official translation ensured by the organizers.

He showed that the European Union brought added value to the member states, which otherwise would be forced to act separately.

“The European Union law wants to be a common law applicable to all member states. We are all sharing the responsibility to make the European Union work. And we all must work to apply the principle of unity in diversity. The European Union Court of Justice is a guarantor of the fact that the European Union law is applied the same everywhere, regardless of what member state we are talking about, for this European Union law represents our only guarantee for the equality of the member states in relation to the European Union law. The EU law includes many fields that the member states entrusted the EU with, for the EU brings added value to these member states, which otherwise would act separately, While we are all part of a common space without borders, and such things related to the criminal law, the family law or the successions law, only to give some examples, although they are part of the national law, they also include aspects related to the European Union law, which is a source of law for the national law,” specified Lenaerts.

The CCR judges on Monday met with a delegation of the European Union Court of Justice, made up of President Koen Lenaerts and judge Camelia Toader, after receiving an invitation from the Constitutional Court. During the meeting they discussed issues such as the recent developments in the jurisprudence of the Constitutional Court of Romania, the relation between the European Court of Justice of the European Union with the national constitutional courts and the effects of the EUCJ rulings at national level.

 

Abuse of office shouldn’t depend on the size of the damage”

 

The President of the European Union Court of Justice, Koen Lenaerts, on Monday stated in Bucharest that the abuse of office offense shouldn’t depend on the size of the damage, while he underscored that there could be an offense without any damages, but still considered a criminal offense.

Koen Laenaers paid a visit to the High Court of Cassation and Justice, where he met with the head of this high court, Cristina Tarcea.

In the end of the meeting, Koen Lenaerts held a short press conference, where the journalists asked him whether there should be a value threshold in what concerns the abuse of office crime.

“I know more or less about this topic. But I can tell you this: if we are talking about criminalization, then the basic principles that all EU member states and EU itself share is that crimes should be very clearly identified as such. Thus, the attention must fall on the definition of corruption crime or the deed that led to the crime – the deed of failing to comply with one’s duty – that deed should be very clearly defined. It should depend, at least in principle, on the size of the damage, for there can also be crimes without any damage caused which are still crimes though. Therefore, criminalization is different from compensating for the damages that can be or not be caused. And if they are causes, then we are talking about little or more significant damage. Which is, conceptually speaking, another issue,” said Koen Lenaerts.