Thread by @ProfPech

"Where a Member State adopts measures that undermine the independence of national courts, the EU judicial architecture is compromised and so is the #ruleoflaw within the EU"

Excellent speech by CJEU President Lenaerts on the RoL legal obligations which flow from EU Membership

https://twitter.com/ForumulR/status/1633052418437988353

With respect, however, the ECJ has delivered absurd/reality disconnected judgment in Noble Bank which means, in practice, that ECJ has stopped assessing whether referring court is composed of judges or irregularly appointed individuals & delegated this EU job to ECtHR in practice

ECJ LM test is similarly absurd (& violates effective judicial protection requirements IMO) in situation where e.g. Art 6(1) ECHR and Art 19(1) TEU have been interpreted as "unconstitutional" then second step as currently interpreted by ECJ = reality disconnected again @BardPetra

@BardPetra In Openbaar Ministerie, the ECJ also got the national law wrong as it went along the factually inaccurate account provided to it by Polish government re recusal, etc. = ECJ mentions options under second step which are not available (as in fact confirmed by AG Collins last Dec...)

@BardPetra We have absurd situation where right to be forgotten is more protected (with ECJ rejecting unreasonable burdens on person requesting de-referencing) than right to a fair trial despite its cardinal importance with ECJ imposing impossible burdens on EAW subjects & executing courts

@BardPetra Re EAW/267, see eg situation in PL where every national court of last resort is irregularly composed with ECJ still failing to this day to take full account of Art 19(1) found "unconstitutional" & ECtHR case law re systemic defects flowing from unconstitutional neo-NCJ

@BardPetra See here e.g. re Poland:

verfassungsblog.de/7-years-later-…

And re ECJ Noble Bank's absurd approach

verfassungsblog.de/how-not-to-dea…

verfassungsblog.de/drifting-case-…

@BardPetra & for publication of yours truly & @ProfKochenov kindly cited by President Lenaerts:

sieps.se/en/publication…

(NB Re LM we primarily suggested adjustment of second step test to reflect systemic RoL deficiencies & stop imposing unreasonable burdens/impossible to meet conditions)