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07/07/2022 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal
According to the Court EU law does not preclude provisions of procedural law of a Member State which while observing the principle of equivalence have the effect that where the supreme court of the administrative ...
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29/03/2022 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal
According to the Court the mere fact that a judge was appointed at a time when that judge s Member State was not a democratic regime does not affect the independence and impartiality of that ...
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16/11/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
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 ...
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21/10/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal - Art. 48 Rights of defence
The Court affirmed that Directive EU on the right to information in criminal proceedings and Article of the Charter of Fundamental Rights of the European Union preclude national legislation which does not provide for a ...
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06/10/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Independent and impartial tribunal
The Court affirmed that transfers without consent of a judge from one court to another or between two divisions of the same court are liable to undermine the principles of the irremovability of judges and ...
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23/07/2021 -
National Courts Supreme Court (Irlanda)
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
The decision of the Supreme Court with regard to two cases of extradition towards Poland orders the preliminary referral to the Court of Justice on the applicability of legal doctrine expressed in the decisions in ...
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20/04/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal
According to the Court national provisions of a Member State which confer on the Prime Minister a decisive power in the appointment of members of the judiciary while providing for the involvement of an independent ...
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15/04/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal - Previously established by law
According to the Advocate General two newly-created chambers of the Polish Supreme Court are liable to fail the requirements established by EU law in a situation where the judges concerned were appointed to those positions ...
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15/04/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal - Previously established by law
According to the Advocate General two newly-created chambers of the Polish Supreme Court are liable to fail the requirements established by EU law in a situation where the judges concerned were appointed to those positions ...
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02/03/2021 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Justice: effective - Independent and impartial tribunal
The Court affirmed that successive amendments to the Polish Law on the National Council of the Judiciary which have the effect of removing effective judicial review of that council s decisions proposing to the President ...