On Friday 1 June, the Court of Justice of the European Union (CJEU) held a hearing on a case of particular significance for the fate of the rule of law procedure launched by the Commission against Poland at the end of 2017 (see EUROPE 11930).
The Court has been examining a case concerning the integrity of Polish judicial powers after a judge of the Irish High Court refused in March of this year to extradite Artur Celmer, a Polish national and suspect in a drugs case, to Poland, amid concerns and misgivings over the integrity of the Polish system.
Recent changes in the Polish judicial system are of concern to the Irish High Court, which considers that the “mutual trust” underlying the European arrest warrant process may have been compromised between the two countries.
The CJEU will have to answer two questions posed by the Irish High Court, notably the following: can Celmer be given a fair trial in Poland, in view of systematic erosions of the principle of the rule of law and independence of the judiciary?
The Advocate General will deliver conclusions on 28 June. It was decided that an accelerated procedure would be used, as the person concerned is in prison, but also because the Netherlands has also suspended extradition procedures with Poland over the same doubts as those raised by the Irish judiciary, according to the daily newspaper, The Irish Times.
The case may, in any event, influence the way in which the Commission resolves the so-called 'article 7' procedure. The next date on the European timeline is set for 26 June, at a General Affairs Council in Luxembourg.
In mid-May, the member states gave Warsaw more time to respond to all of the concerns raised by the Commission (see EUROPE 12019). (Original version in French by Solenn Paulic)