The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland
The analysis presented in this article concerns the impact of Court of Justice of the European Union (CJEU) jurisprudence on the legal situation of Supreme Court and Supreme Administrative Court judges in Poland. The main assumption of the presented considerations is that the CJEU, in providing answ...
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| Format: | Article |
| Language: | English |
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Maria Curie-Skłodowska University
2021-12-01
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| Series: | Studia Iuridica Lublinensia |
| Subjects: | |
| Online Access: | https://journals.umcs.pl/sil/article/view/12601 |
| _version_ | 1824044206822260736 |
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| author | Zbigniew Czarnik |
| author_facet | Zbigniew Czarnik |
| author_sort | Zbigniew Czarnik |
| collection | DOAJ |
| description | The analysis presented in this article concerns the impact of Court of Justice of the European Union (CJEU) jurisprudence on the legal situation of Supreme Court and Supreme Administrative Court judges in Poland. The main assumption of the presented considerations is that the CJEU, in providing answers to preliminary questions submitted to it by Polish courts adjudicating cases related to judicial appointments and retirements, strengthens the independence of the courts and the independence of the judiciary, assuming that these are systemic elements of a functioning judiciary subject to EU law. For this reason, the CJEU considers itself competent to shape these systemic values under Polish law. At the same time, this body does not notice the problem of jurisdiction of Polish courts posing legal questions, which becomes an important theoretical and practical issue, because it may affect the legality and effectiveness of judgements passed on the basis of answers given by the CJEU. Detailed considerations focus on two types of judgements of the CJEU, which were made in connection with the retirement of judges, as a result of questions submitted to the Court by the Supreme Court and Supreme Administrative Court. The subject of the questions related to the compatibility with EU law of the scope of legal protection granted in Polish law to a judge against resolutions adopted in such cases by the National Council of the Judiciary. The considerations presented conclude that in the case of a CJEU judgement issued as a result of a question posed by the Supreme Court, the jurisdiction of the authority posing the question was infringed, and this should have consequences for the scope of binding the court adjudicating on the answer provided by the CJEU. |
| first_indexed | 2024-12-23T00:07:33Z |
| format | Article |
| id | doaj.art-fed4860f88494c07ad4eb8b4e83e512e |
| institution | Directory Open Access Journal |
| issn | 1731-6375 |
| language | English |
| last_indexed | 2024-12-23T00:07:33Z |
| publishDate | 2021-12-01 |
| publisher | Maria Curie-Skłodowska University |
| record_format | Article |
| series | Studia Iuridica Lublinensia |
| spelling | doaj.art-fed4860f88494c07ad4eb8b4e83e512e2022-12-21T18:07:37ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752021-12-0130515116810.17951/sil.2021.30.5.151-1688842The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in PolandZbigniew Czarnik0WSPiA Rzeszowska Szkoła Wyższa Naczelny Sąd AdministracyjnyThe analysis presented in this article concerns the impact of Court of Justice of the European Union (CJEU) jurisprudence on the legal situation of Supreme Court and Supreme Administrative Court judges in Poland. The main assumption of the presented considerations is that the CJEU, in providing answers to preliminary questions submitted to it by Polish courts adjudicating cases related to judicial appointments and retirements, strengthens the independence of the courts and the independence of the judiciary, assuming that these are systemic elements of a functioning judiciary subject to EU law. For this reason, the CJEU considers itself competent to shape these systemic values under Polish law. At the same time, this body does not notice the problem of jurisdiction of Polish courts posing legal questions, which becomes an important theoretical and practical issue, because it may affect the legality and effectiveness of judgements passed on the basis of answers given by the CJEU. Detailed considerations focus on two types of judgements of the CJEU, which were made in connection with the retirement of judges, as a result of questions submitted to the Court by the Supreme Court and Supreme Administrative Court. The subject of the questions related to the compatibility with EU law of the scope of legal protection granted in Polish law to a judge against resolutions adopted in such cases by the National Council of the Judiciary. The considerations presented conclude that in the case of a CJEU judgement issued as a result of a question posed by the Supreme Court, the jurisdiction of the authority posing the question was infringed, and this should have consequences for the scope of binding the court adjudicating on the answer provided by the CJEU.https://journals.umcs.pl/sil/article/view/12601pytanie prejudycjalnetrybunał sprawiedliwości unii europejskiejkrajowa rada sądownictwastan spoczynku sędziegoprawo polskie |
| spellingShingle | Zbigniew Czarnik The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland Studia Iuridica Lublinensia pytanie prejudycjalne trybunał sprawiedliwości unii europejskiej krajowa rada sądownictwa stan spoczynku sędziego prawo polskie |
| title | The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland |
| title_full | The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland |
| title_fullStr | The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland |
| title_full_unstemmed | The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland |
| title_short | The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland |
| title_sort | legitimacy of preliminary questions to the court of justice of the european union cjeu on the legal status of supreme court judges in poland |
| topic | pytanie prejudycjalne trybunał sprawiedliwości unii europejskiej krajowa rada sądownictwa stan spoczynku sędziego prawo polskie |
| url | https://journals.umcs.pl/sil/article/view/12601 |
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