EFFECTS OF THE LEGAL ACT SIMULATION ON RECENT PRACTICE OF THE CJEU IN THE SUBJECT MATTER OF THE PRESCRIPTION OF CRIMINAL LIABILITY. ASPECTS RELATING TO THE ADMISSIBILITY OF THE ACTION IN DECLARING THE SIMULATION AT THE REQUEST FOR A PRELIMINARY
EFFECTS OF THE LEGAL ACT SIMULATION ON RECENT PRACTICE OF THE CJEU IN THE SUBJECT MATTER OF THE PRESCRIPTION OF CRIMINAL LIABILITY. ASPECTS RELATING TO THE ADMISSIBILITY OF THE ACTION IN DECLARING THE SIMULATION AT THE REQUEST FOR A PRELIMINARY

Summary/Abstract: Where there are inconsistencies between national law and European law, the priority application of the latter is an aspect of undisputed fact. The recent practice of the CJEU on the limitation of criminal liability should be applied as a priority by the courts in relation to the CCR Decision 358/2022g. However, the admissibility of any action in declaring the simulation of the process resolved by the European court may be of a nature which attracts the tortuous liability of the authors of the simulation, who can acquire the quality of civilly responsible party in criminal cases. The emergence of Decision 107/23 of the CJEU is likely to exclude from application the effects of CCR Decision no. 358/2022, since the European court considered that the latter decision is contrary to European Union law.

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