Irregularities erstwhile appointing a justice are not adequate to challenge his independency - the Court of Justice of the European Union ruled on Tuesday. The judgement is the consequence of a question referred to the EU Court for a preliminary ruling by a court in Poznań on the payment of contractual claims. The plaintiff demanded the exclusion of 1 of the judges elected by the KRS after 2017.
By Court of Justice of the European Union the specified fact of participation National Judicial Council formed after 2017 in the appointment of a justice and the absence of an effective remedy before a court for unrecommended candidates is not adequate to question the judge's independence.
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According to the European Court, an independent and impartial justice is required an overall assessment of all circumstances accompanying the appointment of that judge.
The fresh KRS and the independency of judges. judgement of the Court of Justice
Tuesday's judgement is the aftermath of the preliminary questions addressed to the TEU by the Poznań-Old City territory Court. His case concerning payment of the contract debt.
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The plaintiff requested the exclusion of 1 of the judges due to the fact that this 1 was elected by the KRS after 2017, which the applicant’s assessment raises doubts about his independency and impartiality.
The proceeding justice made a message that it did not consider that there were circumstances which could rise doubts as to its impartiality and that there were no grounds for exclusion. The referring court received doubts and asked questions to the TEU.
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