Prokuratura Rejonowa w Minsku Mazowieckim (Rule of law - Independence of the judiciary - Judgment) [2021] EUECJ C-748/19 (16 November 2021)

Prokuratura Rejonowa w Minsku Mazowieckim (Rule of law - Independence of the judiciary - Judgment) [2021] EUECJ C-748/19 (16 November 2021)

National legislation allowing the Minister for Justice to second judges to higher criminal courts on undisclosed criteria and to terminate such secondment at any time, without reasons, is incompatible with the requirements of judicial independence and effective judicial protection under Article 19(1) TEU, Article 2 TEU, and Article 6 of Directive 2016/343. Such a system creates a risk of political influence over judges and undermines the presumption of innocence.

Citation
[2021] EUECJ C-748/19
Parties
Accused: WB; Accused: XA; Accused: YZ; Accused: DT; Accused: ZY; Accused: AX; Accused: BV; Accused: CU; Referring Court: Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)
Jurisdiction
European Union
Judgment Date
16 November 2021
Procedural Posture
Preliminary Ruling (joined Cases C 748/19 to C 754/19) / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Preliminary ruling: National legislation as described is precluded by EU law.
Legal Topics
Judicial Independence, Secondment of Judges, Presumption of Innocence, Effective Judicial Protection, Rule of Law, Composition of Courts
European Union Law Criminal Law Judicial Independence Secondment of Judges Presumption of Innocence Effective Judicial Protection Rule of Law Composition of Courts

Case Brief

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Parties

WB

Accused

XA

Accused

YZ

Accused

DT

Accused

ZY

Accused

AX

Accused

BV

Accused

CU

Accused

Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)

Referring Court

Procedural Posture

Preliminary Ruling (joined Cases C 748/19 to C 754/19) / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether national legislation allowing the Minister for Justice to second judges to higher courts and terminate such secondment at any time, on undisclosed criteria and without reasons, is compatible with Article 19(1) TEU, Article 2 TEU, and Article 6 of Directive 2016/343.

Ratio Decidendi

National legislation allowing the Minister for Justice to second judges to higher criminal courts on undisclosed criteria and to terminate such secondment at any time, without reasons, is incompatible with the requirements of judicial independence and effective judicial protection under Article 19(1) TEU, Article 2 TEU, and Article 6 of Directive 2016/343. Such a system creates a risk of political influence over judges and undermines the presumption of innocence.

Court Disposition

Preliminary ruling: National legislation as described is precluded by EU law.

Orders

  • The second subparagraph of Article 19(1) TEU, read in the light of Article 2 TEU, and Article 6(1) and (2) of Directive 2016/343, preclude national legislation allowing the Minister for Justice to second a judge to a higher criminal court on undisclosed criteria and to terminate such secondment at any time without...