2:00 2 March 2021
Post by: WBJ

CJEU’s judgment regarding nomination to Supreme Court unfavorable for Poland

There is a judgment of the Court of Justice of the European Union in another case concerning the judiciary in Poland: the CJEU found that subsequent amendments to the Polish Act on the National Council of the Judiciary - which led to the abolition of effective judicial review of the decisions of the National Council of the Judiciary regarding the nomination to the Supreme Court - may violate EU law. The point is that judges cannot appeal against a negative decision of the National Council of the Judiciary.

The case concerns judges who were candidates for the Supreme Court and were not appointed due to the negative resolution of the National Council of the Judiciary, but could not appeal against this resolution.

The CJEU ruling that the final decision, in this case, will have to be made by the national court: in this case, it is the Supreme Administrative Court. In the judgment, CJEU emphasized the principle of the primacy of EU law over national law and ruled that if the Supreme Administrative Court comes to the conclusion that the changes to the provisions of 2018 infringe EU law, it will automatically not be able to apply these amended provisions.

"The suggestions contained in the CJEU ruling regarding the operation of common courts in Poland are a clear violation of the constitutional order of the Republic of Poland and go grossly beyond the treaty provisions, violating the foundations of the EU's activity as a community of sovereign states," the President of the Constitutional Tribunal, Julia Przyłębska. commented on the verdict.


julia przyłębska

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