In a judgment handed down on Thursday 21 December (Case C-378/21), the Court of Justice of the European Union (CJEU) declared inadmissible a reference for a preliminary ruling from the Extraordinary Review Chamber of the Polish Supreme Court, on the grounds that this Chamber does not constitute a ‘tribunal’ within the meaning of EU law.
In Poland, a judge who had reached retirement age challenged the decision of the National Council of the Judiciary (KRS) refusing to extend his term of office, as his request had been submitted after the deadline imposed by Polish law. The Extraordinary Review Chamber of the Polish Supreme Court, hearing the judge’s appeal, asked the CJEU to clarify the principles of the irremovability of judges and judicial independence.
In its judgment, based on the opinion of the Advocate General (see EUROPE 13133/22), the Court ruled that the questions put by that chamber were inadmissible because they did not originate from a body having the status of an independent and impartial tribunal previously established by law as required by EU law.
It refers to a ruling by the European Court of Human Rights in November 2021 which found that the appointments of the members of the Review Chamber had violated the procedures in force in Poland (https://aeur.eu/f/a8f ).
The CJEU also notes that changes in the composition of the KRS in 2017 called into question its independence from the legislative and executive powers (see judgments C-585/18, C-624/18 and C625/18 - EUROPE 12372/28). In addition, in September 2021, the Polish Supreme Administrative Court annulled the KRS resolution proposing the appointment of judges to the Supreme Court.
The Court concludes that the combination of these factors with its case-law gives rise to legitimate doubts as to the independence of these judges of the Polish Supreme Court. Consequently, the Review Chamber of the Supreme Court does not have the status of an independent and impartial tribunal previously established by law.
To see the Court’s judgment (in French): https://aeur.eu/f/a8d (Original version in French by Mathieu Bion)