Thread by @ProfPech

Speaking of #ruleoflaw backsliding, this is yet another groundbreaking and lengthy 253-paras long ((preliminary) ruling from ECJ thanks to brave Romanian judges who were left with no choice because Commission doesn't do its job as Guardian of the Treaties. Some quick takes ⬇️

https://twitter.com/EUCourtPress/status/1394564696632610819

Context: Romania under previous rule of corrupt autocrat Dragnea faced abrupt backsliding with multiple legislative changes aimed to annihilate judicial independence. Today's ECJ judgment is connected to these legislative changes following 6 PR requests
verfassungsblog.de/how-to-adress-…

1st key aspect: TBOMK this is 1st ruling clarifying legal effects of CVM mechanism + reports with ECJ confirming EU principle of judicial independence imposes *positive* but also *negative* obligations (refrain from undermining) following Portuguese Judges line of case law

2nd key aspect: In addition to Romanian courts being covered by scope of Art 19(1) TEU, Romanian legislation governing organisation of justice falls specifically within scope of EU law via 2006 CVM decision

3rd key aspect of direct relevance to situation in Poland: EU law covers appointment procedures re judicial inspectorates + prohibits legislative interferences with ordinary appointment procedures (implies by extension PiS purge in 17-18 violated EU law but Comm didn't sue)

4th key aspect again of direct relevance to situation in 🇵🇱: special prosecution section with exclusive competence for offences committed by judges not compatible with EU law when used as instrument of political control. Worth noting: new emphasis on EU Charter in this context

5th key aspect again of relevance to situation in 🇵🇱: new emphasis TBOMK on EU law prohibiting legislation seeking to establish "instrument of pressure/intimidation" with regard to judges. In this case a special witch hunt prosecution unit ('instrument of pressure' used 9 times)

6th key aspect: ruling strictly regulates when personality liability of a judge may be sought. In this context, for 1st time TBOMK, ECJ directly/explicitly relies on concept of #ChillingEffect + connects it, innovatively, to 'instrument of pressure'
opensocietyfoundations.org/publications/t…

7th key aspect: ECJ is sending 2 messages. To 🇵🇱's ruling party/puppet CT: primacy of EU law precludes rules, including with const status, which violate EU rule of law + to Polish judges: you have authority/must disapply these rules regardless of whether approved by sham CT (end)