The Court of Justice of the European Union in Luxembourg has shamelessly rejected the preliminary questions from the Chamber for Extraordinary Scrutiny and Public Affairs of the Supreme Court! In this way he undermined the status of the Chamber. By recognizing that this Chamber of the Supreme Court is “not a court”, is the CJEU questioning the legality of all elections in Poland since 2018?
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The jury of the Chamber for Extraordinary Scrutiny and Public Affairs of the Supreme Court of the Republic of Poland is not an independent and impartial court previously established by law, and therefore the Court of Justice of the EU does not examine the content of the questions. submitted by that authority for a preliminary ruling.
– we read on Thursday in the judgment of the CJEU.
In Poland, judges who wish to remain in office after reaching retirement age are required to express their wish to continue in office to the National Council for the Judiciary (KRS). A judge of an ordinary court appealed against the resolution of the National Council of the Judiciary to stop the procedure regarding the authorization of his continued function as a judge. The National Council for the Judiciary stated that the declaration was filed after the deadline set by law. In view of this judge’s appeal, the Chamber for Extraordinary Scrutiny and Public Affairs of the Supreme Court asked the Court of Justice to clarify the content of the principles of irremovability and independence of judges enshrined in EU law.
– reminded the CJEU of the circumstances of the case.
Undermining status
In its judgment, the Court found that the questions asked by this chamber “do not come from a body that has the status of an independent and impartial tribunal previously established by law, as required by EU law.”
The Court therefore declared the questions inadmissible. The CJEU came to this conclusion by first citing the judgment of the European Court of Human Rights, which declared with regard to two juries of the Chamber of Extraordinary Scrutiny that they did not constitute a court established by law and did not were independent. This judgment was based on the finding that the appointment of the members of these juries was “a clear violation of the fundamental national provisions governing the procedure for the appointment of judges”.
This position is a shocking example of acting outside the powers of the Court in Luxembourg and constitutes an open interference in the non-treaty organization of the judiciary of a Member State.
However, the CJEU goes further and deals with extrajudicial journalism. According to the Court of Justice of the EU, “the circumstances surrounding the change in the composition of the National Council for the Judiciary in 2017 undermined its independence from the legislative and executive authorities, thereby affecting its ability to nominate independent and impartial candidates affected for judicial positions at the Supreme Court,” the CJEU announcement reads. The Tribunal apparently “forgot” that the statute of this Chamber is determined by the law and the case law of the Polish Constitutional Tribunal.
Furthermore, the judges in question were appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, the implementation of which was suspended at the time of their appointment by the Supreme Administrative Court until the legality of this resolution was determined discussed. The Supreme Court ultimately annulled the above-mentioned resolution. (…) All the different circumstances characterizing the appointment of the judges sitting on the panel that asked the questions in this case may raise legitimate doubts in the minds of individuals as to the independence and impartiality of these judges and undermine the confidence that The judiciary must inspire individuals in a democratic society and the rule of law. Consequently, this jury does not have the status of an independent and impartial tribunal previously established under law.
– ruled the CJEU.
The above statement is extremely bizarre. The decision of the President of the Republic of Poland derives directly from the Constitution, and its validity has been repeatedly assessed by the Constitutional Court and the ordinary courts. Therefore, if we are guided by the distorted and extremely politicized legal philosophy of the CJEU, all elections in Poland since 2018 should be “null and void”. Why? Because it is this Supreme Court Chamber that decides the validity of the elections. Another case law of the CJEU has no basis in Polish law and has no legal effect (according to many Constitutional Court rulings, including before 2016, the Polish Constitution has superior authority over EU law). It is just a gesture aimed at undermining the Polish system.
PAP, WB
Source: wPolityce