The EU Court of Justice ruled Tuesday on prejudical questions regarding the status of Polish judges appointed with the participation of a reformed National Council of Judiciary.
EU Court Ruling on ‘Neo-Judges’ and the Polish Judiciary
The Court of Justice of the European Union (CJEU) addressed prejudical questions from the Poznań-Stare Miasto Regional Court concerning the admissibility of questioning the status of so-called “neo-judges”—judges appointed in Poland with the involvement of the National Council of Judiciary (KRS) after 2017.
The CJEU ruled that the status of judges of common courts cannot be challenged solely due to their appointment through a flawed procedure involving the KRS after 2017. However, the Court emphasized that national courts must have a guaranteed ability to control the legality of the appointment procedure and verify compliance with judicial independence and impartiality requirements.
Issues Related to the Neo-KRS and Constitutional Tribunal
The ruling touches upon issues related to the reformed KRS and the Constitutional Tribunal (TK).
No Breakthrough in the Ruling, Expert Says
“There is nothing groundbreaking in this ruling, as some commentators suggest. It follows the path outlined in 2020 by the Supreme Court in a resolution of combined chambers, following an earlier ruling by the Court of Justice of the European Union on November 19, 2019,” said Michał Wawrykiewicz in an interview with Gazeta.pl.
Systemic Devastation of the Polish Justice System
The CJEU, in this ruling, once again highlights the systemic and multi-layered devastation of the Polish justice system. It points out that the neo-KRS is flawed, does not meet standards of independence from the executive and legislative branches, and its appointments have negative legal consequences. The ruling also addresses the Constitutional Tribunal.
Wawrykiewicz added that Polish judges may disregard the findings of the Constitutional Tribunal under the leadership of Julia Przyłębska and Bogdan Święczkowski and assess neo-judges based on EU law standards.
Status of the Extraordinary Control Chamber
The CJEU also addressed the status of the Extraordinary Control Chamber and Public Affairs Chamber of the Supreme Court. It ruled that judges are not required to submit requests for recusal to this chamber, as it is not considered a court under EU regulations.
Appeal to Karol Nawrocki
“This ruling is clearly an appeal to the Polish authorities, and in essence, to President Karol Nawrocki. The CJEU wants a systemic order in Polish courts related to both the KRS and neo-judges. The legislative and executive branches are doing their work, preparing and passing laws, but they are being blocked, first by Andrzej Duda, now by Karol Nawrocki. The CJEU says: if you want to reform the Polish justice system, you must adopt systemic laws, and Karol Nawrocki should not block this in any way,” Wawrykiewicz assessed.
Polish Courts Already Account for Flawed KRS Appointments
The Gazeta.pl source noted that Polish courts have long considered the flawed appointment of the KRS in their rulings. “At the level of courts of last instance, namely the Supreme Court and the Supreme Administrative Court, neo-judge appointments are automatically considered flawed. At the level of common courts, an additional individual assessment is made. Therefore, nothing will change in this regard following the latest CJEU ruling,” Wawrykiewicz concluded.