EU court rules Polish judge appointments undermine impartiality

17 Nov, 2021

LUXEMBOURG: Europe’s top court on Tuesday ruled that the Polish justice minister’s power to assign judges to a higher criminal court and also terminate their appointment without stating reasons undermines judicial independence.

The ruling from the Luxembourg-based Court of Justice of the European Union (CJEU) was the latest salvo in a stand-off between the EU and Poland over Polish judicial reforms.

The confrontation escalated last month after Poland’s Constitutional Court challenged the primacy of EU law.

Tuesday’s judgment found that the Polish rules went against EU law.

“The minister for justice has... the power to second judges to higher courts and to terminate their secondment, without being required to give reasons for that decision,” the CJEU said.

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