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The office towers of the European Court of Justice
Photo: Arne Immanuel Bänsch / dpa
A new Polish regulation on the appointment of judges at the country's highest court may violate EU law.
The European Court of Justice (ECJ) has now decided whether this is the case in a specific case.
The ECJ proceedings concerned the independence of the judiciary following controversial judicial reforms in Poland.
High judges in Poland are appointed by the State Judicial Council, whose members have been elected by Parliament since 2017.
Five applicants who were unsuccessful in a 2018 trial filed a lawsuit in the state's highest administrative court.
The latter wanted to know from the ECJ whether the new Polish regulation on legal remedies was compatible with EU law.
After another change in the law in April 2019, the selection of judges can no longer be checked by an independent court.
This de facto also removed the jurisdiction of the Supreme Administrative Court and deprived the possibility of receiving an answer to the questions to the ECJ.
It therefore also asked whether this was in line with EU law.
The ECJ ruled that it violates EU law if, as a result of the reforms, a Polish court no longer submits questions to the ECJ and the ECJ can no longer answer them.
The Polish court would then have to assess whether this was the case, taking into account the context.
Changes in the law should not prevent effective legal protection, it was said to justify.
This is the case when citizens have legitimate doubts about the neutrality of the judiciary.
This must also be decided by the Polish court in the current case.
If it comes to the conclusion that there has been a violation, EU law takes precedence.
In that case, the court would not be allowed to apply the new Polish regulations.
In April 2018, the ECJ had suspended the work of the Polish disciplinary body for judges, which was newly established in 2018, until further notice.
The EU Commission is threatening Poland with another lawsuit.
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