{"id":2190,"date":"2021-12-04T22:48:26","date_gmt":"2021-12-04T21:48:26","guid":{"rendered":"https:\/\/johan-callewaert.eu\/?p=2190"},"modified":"2022-02-11T21:42:33","modified_gmt":"2022-02-11T20:42:33","slug":"eu-law-requirements-of-an-independent-and-impartial-tribunal-previously-established-by-law-judgment-of-the-cjeu-in-the-case-of-w-z","status":"publish","type":"post","link":"https:\/\/johan-callewaert.eu\/de\/eu-law-requirements-of-an-independent-and-impartial-tribunal-previously-established-by-law-judgment-of-the-cjeu-in-the-case-of-w-z\/","title":{"rendered":"EU law requirements of an independent and impartial tribunal previously established by law: judgment of the CJEU in the case of W.\u017b."},"content":{"rendered":"\n

In the case of W.\u017b. (Chamber of Extraordinary Control and Public Affairs of the Supreme Court \u2013 Appointment)<\/em> (C-487\/19, 6.10.2021) the CJEU ruled on the transfer without consent of a judge<\/strong> of an ordinary Polish court. It held that the order by which the Chamber of Extraordinary Control and Public Affairs of the Polish Supreme Court<\/strong>, ruling at last instance and sitting as a single judge, dismissed the action of that judge must be declared null and void if the appointment of the single judge concerned took place in clear breach of fundamental rules concerning the establishment and functioning of the judicial system<\/strong> at stake. <\/p>\n\n\n\n

In the case at hand, the President of the Republic had appointed the single judge concerned despite a decision by the Supreme Administrative Court ordering that the effects of the resolution of the National Council of the Judiciary recommending the appointment of this judge be suspended pending a preliminary ruling of the CJEU.<\/p>\n\n\n\n

Among other things, the CJEU referred to the case-law of the European Court of Human Rights concerning in particular the right of members of the judiciary to protection from arbitrary transfer<\/strong> (\u00a7 116), the concept of a \u201ctribunal established by law<\/strong>\u201d, the process of appointing judges<\/strong> (\u00a7\u00a7 124-125), the requirement that the organisation of the judicial system<\/strong> does not depend on the discretion of the executive (\u00a7 129) and the need to preserve the integrity of the appointment of judges<\/strong> as a way to avoid reasonable doubt<\/strong> in the minds of individuals as to the independence and the impartiality<\/strong> of the judges concerned (\u00a7 130). In Doli\u0144ska-Ficek and Ozimek<\/a><\/em>, the European Court of Human Rights \u201cfully subscribed\u201d to the CJEU’s reasoning (\u00a7 328). <\/p>\n\n\n\n

The CJEU also recalled that by virtue of Article 52(3) of the EU-Charter, it must ensure that the interpretation which it gives to the second paragraph of Article 47 of the EU-Charter (right to effective judicial protection) safeguards a level of protection which does not fall below the level of protection established in Article 6 \u00a7 1 of the Convention<\/strong> (right to a fair trial), as interpreted by the European Court of Human Rights (\u00a7 123). However, there is no explicit inquiry or demonstration by the CJEU on whether the Convention level of protection has been respected in the present case. <\/p>\n\n\n\n

W-Z<\/a>Download PDF<\/a><\/div>\n\n\n","protected":false},"excerpt":{"rendered":"

In the case of W.\u017b. (Chamber of Extraordinary Control and Public Affairs of the Supreme Court \u2013 Appointment) (C-487\/19, 6.10.2021) the CJEU ruled on the transfer without consent of a judge of an ordinary Polish court. It held that the order by which the Chamber of Extraordinary Control and Public Affairs of the Polish Supreme […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,19],"tags":[],"class_list":["post-2190","post","type-post","status-publish","format-standard","hentry","category-court-of-justice-of-the-eu","category-recent-case-law"],"translation":{"provider":"WPGlobus","version":"3.0.2","language":"de","enabled_languages":["en","de","fr"],"languages":{"en":{"title":true,"content":true,"excerpt":false},"de":{"title":false,"content":false,"excerpt":false},"fr":{"title":false,"content":false,"excerpt":false}}},"_links":{"self":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts\/2190","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/comments?post=2190"}],"version-history":[{"count":3,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts\/2190\/revisions"}],"predecessor-version":[{"id":2206,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts\/2190\/revisions\/2206"}],"wp:attachment":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/media?parent=2190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/categories?post=2190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/tags?post=2190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}