Thread by @NielsKirst

Grand Chamber hearing in C-562/21 PPU at @EUCourtPress commences. The case concerns extradition under the #EAW from NL to Poland in light of the Polish muzzle law. -> Is due process still guaranteed? This case could put an end to the two-step test derived from the #LM judgement.

https://twitter.com/RULEOFLAWpl/status/1449029814598438921

This was a lively hearing at the @EUCourtPress this morning with the #Dutch, #Irish & #Polish Government intervening in a case with vast significance for the continuance of the system of judicial cooperation within the European Union. (1/n)

The question was whether the two-step test for extradition established in the LM judgement can hold in light of the changes to the judiciary in Poland, and specifically amid the fact that many judges in Poland are appointed by the KRS which is not in accordance with EU law. (2/n)

The intervention by the Dutch government was most significant. It essentially proposed to waive the second part of the LM test in light of the recent jurisprudence of the @EUCourtPress on the KRS. -> Two steps become one step: KRS appointed judges are not independent. (3/n)

The @EU_Commission argued against that view and said that the two step test shall be upheld. However, the recent jurisprudence of the @EUCourtPress shall be taken into account. -> an increased presumption of systemic & generalized deficiencies in the Polish justice system. (4/n)

However, the final questions of the members of the @EUCourtPress were most telling. AG Rantos addressing the @EU_Commission’s agent: “How can we have any confidence in the Polish judicial system after the Polish Constitutional Court’s Judgment of 7 October 2021?

Judge Prechal on the possibility to request additional information under the European arrest Warrant (Article 15 (2)): “Do you have any information if the questions are already answered by the Polish Ministry of Justice instead of the respective judges presiding the case?” (6/n)

Judge Ilešič: “The principle of mutual trust is a cornerstone of all aspects of European judicial cooperation. Would the consequences of the non-recognition of the independence of Polish judges also apply to all other civil & commercial judicial cooperation cases? (7/n)

These questions make one wonder about the continuance & future of judicial cooperation with Poland under the current circumstances. AG Rantos stated he will publish his Opinion in the case on 16 December 2021. This might be a startling read over Christmas holidays. (8/end)