January 27
2022
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Trajan Shipley
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16th November 2021
Institutional law Justice & Litigation

Polish system of secondment of judges subject to the discretion of Justice Minister precluded by EU law: Court of Justice

The Court of Justice delivered its judgment in Grand Chamber case Criminal proceedings against WB and Others (Joined cases C-748/19, C-749/19, C-750/19, C-751/19, C-752/19, C-753/19, and C-754/19), ruling that the current legal regime in Poland allowing for the Justice Minister, who is also the General Prosecutor, to second judges to higher criminal courts and terminate them at his discretion without the need to state reasons is precluded by EU law.

The cases at issue concern several requests for a preliminary ruling made by the 10th Criminal Appeal Section of the Warsaw Regional Court, in the context of different criminal proceedings pending before that court. At issue were the compatibility of the powers of the Minister of Justi

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