Sapira (Independence of judges - Possibility of calling into question a final judgment or judgment of a criminal conviction – Conditions for the appointment of ordinary judge - Judgment) [2024] EUECJ C-114/23 (11 April 2024)

Sapira (Independence of judges - Possibility of calling into question a final judgment or judgment of a criminal conviction – Conditions for the appointment of ordinary judge - Judgment) [2024] EUECJ C-114/23 (11 April 2024)

The Court held that the referring court lacks jurisdiction under Polish law to review the lawfulness of the panels that issued the final criminal convictions at the enforcement stage. The questions referred are hypothetical and not necessary for the resolution of the enforcement proceedings, and thus fall outside the scope of Article 267 TFEU. The requests for a preliminary ruling are inadmissible.

Citation
[2024] EUECJ C-114/23
Parties
Convicted Person: KB; Convicted Person: RZ; Convicted Person: AN; Convicted Person: CG; Referring Court: Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)
Jurisdiction
European Union
Judgment Date
11 April 2024
Procedural Posture
Preliminary Ruling (joined Cases C 114/23, C 115/23, C 132/23, C 160/23) / Preliminary Reference; Admissibility Decision
Outcome
Requests for a preliminary ruling are inadmissible.
Legal Topics
Judicial Independence, Enforcement of Criminal Judgments, Preliminary Reference Procedure, Admissibility, Finality of Judgments
European Union Law Criminal Law Judicial Procedure Judicial Independence Enforcement of Criminal Judgments Preliminary Reference Procedure Admissibility Finality of Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

KB

Convicted Person

RZ

Convicted Person

AN

Convicted Person

CG

Convicted Person

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

Referring Court

Procedural Posture

Preliminary Ruling (joined Cases C 114/23, C 115/23, C 132/23, C 160/23) / Preliminary Reference; Admissibility Decision

Legal Issues

  1. 1 Whether EU law requires national courts, at the enforcement stage, to review the independence and lawfulness of the panel that issued a final criminal conviction
  2. 2 Whether such review must be initiated by a party or can be conducted ex officio

Ratio Decidendi

The Court held that the referring court lacks jurisdiction under Polish law to review the lawfulness of the panels that issued the final criminal convictions at the enforcement stage. The questions referred are hypothetical and not necessary for the resolution of the enforcement proceedings, and thus fall outside the scope of Article 267 TFEU. The requests for a preliminary ruling are inadmissible.

Court Disposition

Requests for a preliminary ruling are inadmissible.

Orders

  • The requests for a preliminary ruling from the Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland), made by decisions of 18 February 2023 (C-114/23 and C-115/23), of 6 March 2023 (C-132/23) and of 14 March 2023 (C-160/23), are inadmissible.