🇵🇱⚖️🇪🇺Today's CJEU judgment regarding Poland, a FAQ:
Where did this case come from?
It’s a referral from the Polish Supreme Administrative Court. Which means that the CJEU was limited to answering judicial questions from the Polish court.
(1/6)
Where did this case come from?
It’s a referral from the Polish Supreme Administrative Court. Which means that the CJEU was limited to answering judicial questions from the Polish court.
(1/6)
What is it about?
In a nutshell, it’s about judges who were almost appointed to the Polish Supreme Court, but a series of legislative amendments, changes to the National Council of Judiciary and decisions by the President left them ultimately shut out of the appointment.
(2/6)
In a nutshell, it’s about judges who were almost appointed to the Polish Supreme Court, but a series of legislative amendments, changes to the National Council of Judiciary and decisions by the President left them ultimately shut out of the appointment.
(2/6)
What did the CJEU say?
In plain words: it’s quite possible that this legal and institutional scaffolding is contrary to EU law, and if you, the referring Polish court, were to find so, apply the principle of EU law primacy and disregard domestic norms that violate EU law.
(3/6)
In plain words: it’s quite possible that this legal and institutional scaffolding is contrary to EU law, and if you, the referring Polish court, were to find so, apply the principle of EU law primacy and disregard domestic norms that violate EU law.
(3/6)
Is this CJEU tossing the problem over to the Polish court?
Mostly. It seems that once again, the CJEU is skirting around an outright statement that the Polish NCJ is not an independent body and that the integrity of Polish judiciary has been compromised.
(4/6)
Mostly. It seems that once again, the CJEU is skirting around an outright statement that the Polish NCJ is not an independent body and that the integrity of Polish judiciary has been compromised.
(4/6)
What will be the consequences?
Directly? Little. The Polish government is at this point outright ignoring the CJEU in other cases, let alone the fact that it’s disregarding Polish courts. There's little hope that a decision by the referring court would have any impact.
(5/6)
Directly? Little. The Polish government is at this point outright ignoring the CJEU in other cases, let alone the fact that it’s disregarding Polish courts. There's little hope that a decision by the referring court would have any impact.
(5/6)
Indirectly? Hopefully, this brings us one step closer to decisive elaboration on the state of Polish judiciary in an infringement case brought by the Commission. The fact that this case was "just" a referral might be the reason why CJEU held back from firing any big guns.
(6/6)
(6/6)
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