The ultimate Court’s question reached the TEU in connection with the plaintiff’s request for an impartiality test, which was appointed by the National Judicial Council in its fresh composition. A five-man lineup was drawn to admit the application, which included 3 judges appointed by the fresh KRS.
The leading justice asked the Court of Justice of the European Union whether, under European law, the specified circumstances of appointing a justice could be adequate to challenge its impartiality and independence. He besides asked if judges appointed at the request of the fresh KRS could regulation on the test.
According to the Advocate General of the Court of Justice of the European Union, shortcomings in the procedure of appointment may in themselves indicate that Some judges ‘do not meet the requirements of independency and impartiality’.
He besides found it apparent that Members of the ruling on impartiality cannot themselves give emergence to uncertainty in this respect.
