The Court of Justice of the European Union, based in Luxembourg, ruled that an irregularity in the appointment of a judge is not enough on its own to show that the judge is not independent or impartial.
Instead, national courts must examine all the circumstances surrounding that appointment.
The ruling came in response to questions from the District Court for Poznań-Stare Miasto in Poznań, western Poland.
The case concerns whether the status of judges appointed with the involvement of Poland’s National Council of the Judiciary (KRS), after controversial changes introduced in 2017 can be challenged in court.
The dispute began during a civil case over money owed under a contract. One party asked for the judge handling the case to be removed, arguing that her appointment was open to doubt because she had been recommended by the KRS in its new post-2017 form.
The Luxembourg-based court had already ruled in 2021 that the restructured KRS had been established in breach of basic principles of Polish constitutional law and did not guarantee the independence and impartiality required under EU law.
In Tuesday’s judgment, however, the court said that the participation of the new KRS in the appointment process, and the lack of an effective court remedy for unsuccessful candidates for judicial office, were not enough by themselves, even when taken together, to justify removing a judge from a case.
The top EU court said Polish courts must be able to review whether judicial appointment procedures complied with the law, and whether judges meet European Union standards of independence and impartiality.
The court added, however, that the requirement for a tribunal to be established by law can be called into question only where irregularities, because of their nature and seriousness, create a real risk of interference by other branches of government and give rise to justified doubts about a judge’s independence.
That means the Polish court handling the recusal request must now assess all the circumstances surrounding the appointment in question and decide whether they could raise reasonable doubts in the minds of citizens.
The court also said Poland should create a legal framework allowing an assessment of whether people appointed to judicial posts through flawed procedures can continue performing their duties. It said such a framework would help restore public trust in the justice system and uphold the principle of separation of powers.
The court noted that more than 3,000 judges in Poland, around 30 percent of the judiciary, were appointed on the recommendation of the KRS in its new composition, Polish state news agency PAP reported.
It said the Luxembourg judgment does not settle the underlying Polish case itself. The final decision will be made by the court in Poznań.
(rt/gs)
Source: IAR, PAP, curia.europa.eu