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European Observer on fundamental right's respect

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Case Law Joined cases C-615/20 and C-671/20 (12/07/2023)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/12/2023

Subject: The Court affirmed that EU Law precludes national provisions which prohibit a national court, subject to disciplinary sanctions being imposed on the judges who make up that court, from examining whether an act adopted by a body whose independence and impartiality are not guaranteed and which has authorised the initiation of criminal proceedings against a judge and ordered his or her suspension from duties and a reduction in his or her remuneration is binding and, if necessary, from disapplying that act. Moreover, EU Law precludes case-law of a constitutional court under which the acts appointing the judges who make up such a body cannot be the subject of judicial review, inasmuch as that case-law is liable to preclude that examination

Parties: YP e a. () e suspension d’un juge)

Classification: Justice - Art. 47 Justice: effective - Independent and impartial tribunal

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