In a request for a preliminary ruling of an action brought by RS
seeking to challenge the duration of criminal proceedings
instituted in response to a complaint lodged by his wife, the Court
of Justice was called upon to rule on the principle of judicial
independence in the context of Article 19(1) TEU, in a situation in
which an ordinary court of a Member State has no jurisdiction,
under national law, to examine the conformity with EU law of
national legislation that has been held to be constitutional by the
constitutional court of that Member State.
In the present case, RS was convicted of criminal proceedings in
Romania. His wife lodged a complaint concerning, inter
alia, several judges in respect of offences allegedly
committed during those criminal proceedings. Subsequently, RS
brought an action before the Curtea de Apel Craiova (Court of
Appeal, Craiova, Romania) seeking to challenge the excessive
duration of the criminal proceedings instituted in response to
