“The involvement of a body lacking a guarantee of independence in a procedure for the appointment of a judge does not, in itself, justify the exclusion of that judge” the spokesperson for the Court of Justice of the European Union (CJEU) announced. This opinion challenges the narrative promoted by the current ruling camp regarding the “removal from adjudication” of so-called neo-judges. “In short, [the CJEU] confirmed the irrevocability of judicial appointments,” emphasized Judge Dr. Konrad Wytrykowski.
The Advocate General of the CJEU issued an opinion in a case concerning the exclusion of a judge from proceedings in Poland, on the grounds that his appointment was allegedly “unlawful.”
The candidacy for the judicial office had been recommended by the newly restructured National Council of the Judiciary (KRS).
“Advocate General Dean Spielmann considers that neither the involvement of the KRS in the appointment procedure, nor the absence of an effective remedy for unsuccessful candidates – those factors taken in isolation or in combination – automatically support the conclusion that the judge of the ordinary courts concerned is not a tribunal previously established by law,” the CJEU’s statement reads.
It was proposed that “individual and specific assessment, taking account of the legal and factual context.”
“That approach should maintain effective compliance with the principles of independence and impartiality as well as maintain public confidence in the judiciary. On the latter point, Advocate General Spielmann notes that what is at stake in the case is considerable, given that approximately 3 000 judges in Poland were appointed on a proposal of the KRS,” the statement underlined.
The CJEU Rubs Its Eyes in Amazement
“Even the CJEU is rubbing its eyes in amazement at what Iustitia and [Ombudsman] Bodnar are doing in Poland. The Advocate General of the CJEU points out that it is not possible to automatically challenge a judge’s status by questioning the KRS. Of course, it must be remembered that the CJEU has NO competence to rule in this matter. However, it is worth noting that those who, by interfering with Polish sovereignty, gave the judicial caste a weapon to destroy the Polish state are now telling them ‘STOP,’” wrote Sebastian Kaleta, former Deputy Minister of Justice, on social media.
Professor Kamil Zaradkiewicz, a judge of the Supreme Court, similarly noted—as did Sebastian Kaleta—that the CJEU does not have the authority to decide on the application of Polish law.
“This is a defeat for Iustitia and the Ministry of Justice,” commented Judge Kamila Borszowska-Moszowska.
“In short, [the CJEU] confirmed the irrevocability of judicial appointments,” reiterated Judge Dr. Konrad Wytrykowski.