Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/16/2021

Subject: The Court affirmed that EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts; secondments which that minister – who is also the Public Prosecutor General – may terminate at any time without stating reasons. The requirement that judges be independent means that the rules relating to such secondments must provide the necessary guarantees in order to prevent any risk of those secondments being used as a means of exerting political control over the content of judicial decisions, including in criminal matters

Parties: Prokuratura Rejonowa w Mińsku Mazowieckim

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal

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