The EU Court of Justice considered that the very fact that the fresh National Judicial Council was active in the appointment of a justice was not adequate to undermine its independence. This is an crucial signal in the context of disputes over judges nominated with the participation of the National Judicial Council after 2017.
The Court pointed out that the possible doubts had to be decided by an overall assessment of the circumstances in which a peculiar justice was appointed, alternatively than individual allegations, specified as the participation of the fresh KRS or the absence of an appeal for candidates. In practice, this means limiting automatic questioning of the position of thousands of judges.
The judgement clearly inhibits the most far-reaching attempts to challenge the appeals of judges in fresh years, and this, as the TEU notes, as much as 30% of Polish judges. "This is simply a real atomic bomb dropped on the head of the Coalition on December 13th," commented on tv in Poland24 MP Maciej Warchoł.
