• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Español
  • English
  • Bloglovin
  • Email
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
CDE Almería – Centro de Documentación Europea – Universidad de Almería

CDE Almería - Centro de Documentación Europea - Universidad de Almería

Centro de Documentación Europea de la Universidad de Almería

  • HOME
  • WHAT´S ON
    • EU BULLETINS
    • EU NEWS
    • Activities
    • EU Calls and Awards
    • Radio Program «Europe with You»
  • DOCUMENTATION
    • Bibliographic Collection
      • Almería EDC Digital Collection
      • UNIVERSITY OF ALMERIA LIBRARY
    • Documentation by topic
    • EU Media Collection
      • Web Space
      • MEDIATHEQUE REPOSITORY
  • Europe on the net
    • Institutions
    • EU Representation in Spain
    • European information network of Andalusia
    • EU official journal
  • ABOUT US
    • Presentation
    • People
    • Contact

Successive amendments to the Polish Law on the National Council of the Judiciary are liable to infringe EU law

Inicio » EU News » Law » Jurisprudence » Successive amendments to the Polish Law on the National Council of the Judiciary are liable to infringe EU law

05/03/2021

By resolutions adopted in August 2018, the National Council of the Judiciary, decided not to present to the President of the Republic of Poland proposals for the appointment of five persons to positions as judges at the Supreme Court and to propose other candidates for those positions. The appellants lodged appeals against these resolutions before the Supreme Administrative Court, the referring court. Such appeals were governed at that time by the Law on the National Council of the Judiciary, as amended by a law of July 2018.

Under those rules, it was provided that unless all the participants in a procedure for appointment to a position as judge at the Supreme Court challenged the relevant resolution of the KRS, that resolution became final with respect to the candidate presented for that position

In its initial request for a preliminary ruling, the referring court, taking the view that such rules preclude in practice any effectiveness of the appeal lodged by a participant who has not been proposed for appointment, decided to refer questions to the Court on whether those rules comply with EU law.

After that initial referral, the Law on the KRS was once again amended, in 2019. Pursuant to that reform, it became impossible to lodge appeals against decisions of the KRS concerning the proposal or non-proposal of candidates for appointment to judicial positions of the Supreme Court. Accordingly, in its complementary request for a preliminary ruling, the referring court referred a question to the Court for a preliminary ruling on whether those new rules are compatible with EU law

Where an infringement has been proved, the principle of the primacy of EU law requires the national court to disapply such amendments

The Court, sitting as the Grand Chamber, holds, first of all, that both the system of cooperation between the national courts and the Court of Justice established in Article 267 TFEU and the principle of sincere cooperation laid down in Article4 TEU preclude legislative amendments, such as those where it is apparent that they have had the specific effects of preventing the Court from ruling on questions referred for a preliminary ruling.

The Court holds that if the referring court reaches the conclusion that the 2019 legislative amendments were adopted in breach of EU law, the principle of the primacy of that law requires the referring court to disapply those amendments.

Lastly, the Court specifies that, if the referring court reaches the conclusion that the 2018 legislative amendments infringe EU law, it will be for that court, under the principle of the primacy of that law, to disapply those amendments and to apply instead the national provisions previously in force while itself exercising the review envisaged by those latter provisions.

More information

Press release-CURIA

Publicaciones relacionadas:

Finland’s guarantee in favour of the airline Finnair is compatible with EU law A Member State may refuse to recognise a driving licence that was merelyrenewed in a Member State Progress in 2020 in the implementation of ECHR rulings despite COVID CJEU Judgment: Germany systematically and persistently exceeded limit values for nitrogen dioxide between 2010 and 2016 CJEU ruling against Spain for failing to comply with several of its obligations to protect Doñana

“This is a space for debate. All comments, for or against publication, that are respectful and do not contain expressions that are discriminatory, defamatory or contrary to current legislation will be published”.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Publicaciones relacionadas

Finland’s guarantee in favour of the airline Finnair is compatible with EU law A Member State may refuse to recognise a driving licence that was merelyrenewed in a Member State Progress in 2020 in the implementation of ECHR rulings despite COVID CJEU Judgment: Germany systematically and persistently exceeded limit values for nitrogen dioxide between 2010 and 2016 CJEU ruling against Spain for failing to comply with several of its obligations to protect Doñana

Footer

Centro de Documentación Europea de Almería
CDE Almería

Edificio Parque Científico-Tecnológico (Pita) Planta: 1ª, Despacho: 29
04120 – Ctra. Sacramento s/n.
Almería (Spain)
Teléfono: (+34) 950 015266

Sing in!

Navigation

  • HOME
  • WHAT´S ON
    • EU BULLETINS
    • EU NEWS
    • Activities
    • EU Calls and Awards
    • Radio Program «Europe with You»
  • DOCUMENTATION
    • Bibliographic Collection
      • Almería EDC Digital Collection
      • UNIVERSITY OF ALMERIA LIBRARY
    • Documentation by topic
    • EU Media Collection
      • Web Space
      • MEDIATHEQUE REPOSITORY
  • Europe on the net
    • Institutions
    • EU Representation in Spain
    • European information network of Andalusia
    • EU official journal
  • ABOUT US
    • Presentation
    • People
    • Contact

Creative Commons LicenseThis work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Copyright © 2022 CDE Almería · Legal terms · Privacy policy · Cookies policy