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Case C-131/23, Unitatea Administrativ Teritorială Judeţul Braşov: Order of the Court (Ninth Chamber) of 9 January 2024 (request for a preliminary ruling from the Curtea de Apel Braşov — Romania) — Criminal proceedings against C.A.A. and C.V. (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Acte éclairé — Decision 2006/928/EC — Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption — Legal nature and effects — Binding on Romania — Direct effect of the benchmarks — Obligation to combat corruption in general and high-level corruption in particular — Obligation to provide for dissuasive and effective criminal penalties — Limitation period for criminal liability — Decision of a constitutional court which has declared invalid a provision of national legislation governing the grounds for interrupting that period — Systemic risk of impunity — Principle that offences and penalties must be defined by law — Requirements of foreseeability and precision of criminal law — Principle of the retroactive application of the more lenient criminal law (lex mitior) — Principle of legal certainty — National standard of protection of fundamental rights — Obligation of the courts of a Member State to disapply decisions of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law)
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