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Reynders recalls that EU law ensures the suspension of amnesty cases that are brought to the CJEU


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Reynders recalls that EU law ensures the suspension of amnesty cases that are brought to the CJEU


The Commissioner for Justice, Didier Reynders, recalled that the primacy of Community law guarantees that any national procedure on which a preliminary ruling is raised before the Court of Justice of the European Union will be automatically suspended while the European Justice rules, which In practice it will also affect the cases to which the Amnesty Law applies when it is definitively adopted.

This was explained in a parliamentary response to the head of the Ciudadanos delegation in the European Parliament, Adrián Vázquez, who in a question sent in January to ask about the agreement reached then between the PSOE and Junts to eliminate the Royal Decree on the reform of the Civil Procedure Law, a reference that left in black and white that the questions referred to the CJEU paralyze the cases where they are raised.

Although neither the parliamentary question nor the commissioner's response expressly mentions the Amnesty Law, on which Brussels has said that it will not take a position until its parliamentary processing is completed and it adopts its final form, Ciudadanos celebrates what the commissioner said. as a guarantee that the rule "will not come into force until the CJEU resolves the preliminary rulings."

In his written response, Reynders states that the Statute of the CJEU itself establishes that the fact that a national court submits a preliminary ruling to Luxembourg "suspends" the resolution of the national procedure in question.

This is also reflected, the commissioner elaborates, in the recommendations of the High European Court to the national courts when it says that "the submission of a request for a preliminary ruling entails the suspension of the national procedure until the Court of Justice rules."

Thus, the person in charge of Justice in the Community Executive refers to the principle of primacy of Community Law and points out that from it arises the "requirement to suspend" the national procedure until the CJEU has ruled, "regardless of what that national legislation establishes".

"Therefore, the national court must leave inapplicable any national regulations that do not respect this principle," concludes the Belgian liberal in his response to Ciudadanos.