The Court of Justice of the European Union issued a key ruling regarding the status of judges appointed in Poland through a controversial judicial council.
Context of the Case
The ruling stems from preliminary questions posed by the Poznań-Stare Miasto District Court concerning the admissibility of challenging the status of judges appointed in Poland with the participation of the National Council of the Judiciary (KRS), as reformed after 2017.
A businessman requested the disqualification of a judge in a payment dispute, arguing the judge’s appointment via the post-2018 KRS undermined their legitimacy. He also sought the disqualification of other judges appointed by the reformed KRS should they review his appeal.
CJEU’s Ruling on Disqualification
The CJEU ruled that the involvement of the KRS, reshaped following the Polish judicial reform, in the appointment process, and the lack of an effective legal remedy for non-recommended candidates, are not sufficient in themselves to disqualify a judge.
The judge in question had stated she saw no grounds for doubt regarding her impartiality or disqualification. The referring court, however, had doubts and sought guidance from the CJEU.
Prior Concerns and the Giżycko Case
The Poznań-Stare Miasto District Court previously questioned whether a single-judge panel, including a judge appointed through a questionable procedure, met the EU requirement of a “court established by law” in 2021. It also asked if a flawed appointment process should automatically disqualify a judge or require case-by-case assessment.
A previous case in Giżycko saw a court refuse to divide marital assets due to a divorce ruling by a “neo-judge” being deemed invalid.
Advocate General’s Opinion
EU Advocate General Dean Spielmann stated that simply arguing a judge was appointed based on the current KRS’s recommendation is insufficient to invalidate their rulings. He emphasized the need to consider all relevant circumstances impacting a judge’s independence and impartiality.
Spielmann noted approximately 3000 “neo-judges” have been appointed in Poland, and broadly disqualifying them based solely on KRS involvement would severely disrupt the justice system and undermine legal certainty.
Right to Effective Legal Protection
The Advocate General underscored that citizens’ right to effective legal protection includes the ability to disqualify judges lacking independence and impartiality, and this right cannot be overridden by rulings from the Polish Constitutional Tribunal.