INTRODUCTORY NOTE TO JOINED CASES A. K. V. KRAJOWA RADA SADOWNICTWA (C-585/18) AND CP (C-624/18), DO (C-625/18) V. SAD NAJWYZSZY (C.J.E.U.)

摘要

Joined Cases C-585/18, C-624/18, and C-625/18 concerning the independence of the Disciplinary Chamber of the Sad Najwyzszy (Polish Supreme Court) is the latest in a series of European Union (EU) Member States requesting the Court of Justice of the EU (CJEU) to rule on the independence of their judicial systems. While the organization of justice systems within Member States is a competence of Member States (and thus not for the EU to determine or decide), the CJEU has held that Member States are nevertheless required to comply with obligations under EU law to ensure effective judicial protection and, as a necessary corollary, judicial independence. The significance of the current case lies in the formulation by the CJEU of a "European" standard of judicial independence, and its finding that national judges may set aside the jurisdiction of courts found not to be independent against that standard and to disapply any national measure (in accordance with the principle of the primacy of EU law over national law) that gives jurisdiction to a non-independent court.