Op-Ed: “Decline of Judicial Independence Standards in EU Law? Daka (C-422/23)”

The Court of Justice’s ruling of 1 August 2025 in Daka (C-422/23, C-455/23, C-459/23, C-486/23 and C-493/23) marks a disturbing point in the Union’s protection of judicial independence. The Court accepted a largely discretionary mechanism for the designation of judges to sit temporarily in another court chamber — without their consent, any genuine justification, or access to judicial review. It also admitted that such designations can be made by persons appointed unlawfully as judges to the Supreme Court. In effect, the Court overlooked that judges’ designations may impact their status or professional situation, thereby setting a high threshold for violating judicial independence. This unfavourable development may be give